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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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itaei 


H 


I 


3  A'iA 
(I-I-57 


I 


State    Trials, 


VOL.   XEK. 


State    Trials. 


VOL.   XES. 


NOTE  TO  THE  READER 
FRAGILE 

THE  PAPER  IN  THIS  VOLUME  IS  BRIHI E 

PLEASE  HANDLE  WITH  CARE 


COMPLETE    COLLECTION 

OF 


AND 

PROCEEDINGS   FOR   HIGH   TREASON   AND  OTHER 
CRIMES  AND  MISDEMEANORS 

FBOM  THE 

EARLIEST  PERlbD  TO  THE  PRESENT  TIME, 
WITH   J^OTES  AJ^D  OTHER   ILLUST&ATIOKS 

COMPILED  BY 

T.  R  HOWELL,  Esq.  F.R.S.  F.S.A. 


VOL.  XIX. 
A.  P.  1753—1771. 


LONDON: 

PRim'ED  BY  T.  C.  HANSABD,  FETERBOROUGH-OOiniT,  FLEET-STREET  i 

FOR  IX»NOMAN.  HURST,  REE8,  ORHE,  tc  BROWN;  J.  RICHARDSON;  BLACK, 
PARBT,  &  CO.;  £.  JEFFERY ;  J.  HATCHARD;  E.  LLOYD;  E.  BVDD; 
J.  FAVL.DER;  J.  BOOKER;  CRADOCK  &  JOY;  R.  H.  EVANS;  J.BOOTB; 
AND  T.  C.  HANSARD. 

1813. 


•    •  -•• 


•      •  • 


• » •  •  • 


*  •  •• 

•  •    *  • 


i  'IH-'^^-yy 


TABLE   OF  CONTENTS 


TO 

VOLUME  XIX. 


*ii*    The  new  Articles  are  marked  [}^.2 


REIGN  OP  KING  GEORGE  THE  SECOND. 

Page 
329.    The  Trial  of  JAMES  STEWART,  in  Aucham  in  Duror  of 
AppiDy  for  di0  Murder  of  Coin  Cmpbdl  of  Gleaore,  Mq.  Factor 
for  lus  Mt^uty  on  tbe  forfeited  Estate  of  Ardahid,  a.  s>.  1752  ...        I 

990.  The  Trial  of  MAAY  SQUIRES  and  SUSANNAH  WELLS, 
Widows,  for  an  Assault  and  Felony  committed  on  the  Person  of 
Elizabeth  Canning ;  aft  the  Sessiims-Hoiise  in  the  Old  BaOey,  a.  n. 
I7S9  «•••••«••#••«••••••••««•««•»•«*••••••••••••»•••••••'••••■••••••••••••  ••••••    *o!» 

SSL  The  Trials  of  JOHN  GIBBONS,  WILLIAM  CLARKE,  and 
THOMAS  O&EVILLB,  fipr  WiMbl  aid  Gorrapt  PeiTiirj;  at  the 
Sessions  House  in  the  Old  Baiky,  a.  d.  175S ^ 275 

SS2.    The  Trid  of  BUa^BETH  CANNING,  Sinnster,  for  Wilful  and 

Corrupt  Peijary,  sA  Juslioe-Han  in  the  Old  Bailey,  ▲•  d.  1754' ...    269 

S33.    Hie  Trid  of  TIMOTHT  MURPHY,  for  Fdony  and  Forgery,  a.  d. 

§3L  Fk'oceedings  against  Dr.  ARCHIBALD  CAMERON,  at  the  King's 
Bench,  May  17tli,  on  the  BO  of  Attainder  passed  against  him 
19  Goo.  iL  ftr  hfmg  in  the  RdbeOlon  174tf,  a.  p»  175S 734 


i0u    rheJa^it§imkS»91Sta,XmStEaMt.IMMMS 


CM,    Tk  TM  4f  LAWBEXCE  Eari  FERREKS,  ftr  Ae  Mader  «r 

A^n»  I7W »*^ ■*« .,■■■■«—>—    866 


REIGN  OP  KING  GEOBGE  THE  THIRD. 

Mt    lWCM0riOHXWILKES,c«f.iHiaHiiaiCofpai;A.i>.lTeS    96S 


MA»  VvMttfimp  mt  Earn  im  m  Aoam  rfgtJbe  \wapmmmwnil  by  DRY- 
DEN  LEACH,  iB«»t  JOHN  MOKET,  JAMES  WATSON, 
miA  ROBERT  BLACKMORE,  dim  of  die  Kii^s  Meaei«eo» 
A.  9. 1765«««*««««  «««^ 0.*... *• lOQS 

ML  The  CMe  of  Sebote  of  Papets,  being  m  Actkm  of  Tre^Mw  by 
JOHN  ENTICK,  Clerk,  egaoMt  NATHAN  CARRINGTON 
Md  diree  odier  McMtngen  in  otdinary  to  die  Kii^,  a.  d.  1165^.  1030 

64&    Procoedtofi  to  die  Cate  of  JOHN  WH^KES,  eiq.  on  two  Infonna- 

tioMfiMrLibelf;  a.i>.  1763— 1770  1075 

MS.    The  Cite  of  BRASS  CROSBY,  esq.  Lofd-Mqror  of  London,  on  a 

Commitment  bjr  the  Home  of  Commooa,  a.d.  1771  1138 

514«  The  Caae  of  General  WarranU;  JOHl^  WILKES,  esq.  against 
ROBERT  WOOD,  esq.  to  an  Acdon  of  Trespass,  a.d.  1763, 
[N.] 1154 

H5.    The  Trial  of  WILLIAM  Lord  BYRON,  Baron  BYRON  of  Roch- 

datop  fbrlheBfmrderofWilliimChtfrmlb,ei(i.  A.P.1765  1178 


TABLE  OF  CONTENTS. 

Page 
516.    The  Trial  of  KATHARINE  NAIRN  and  PATRICE  06ILVIE. 

for  the  Crimes  of  Incest  and  Murder;  before  the  High  Court  of 

Justiciary  in  Scotland,  A.  D.  1765 ^ 12S5 

517.    Ihe  Trial  of  FLORENCE  HENSEY,  M.D.  for  High  Treason, 

A.  D.  1758  CN,] 1S42 


Adoshsa  to  the  Cases  of  Wilkes  and  Canning 138$,  1418 


f  ;■■;:..,. 


A     COMPLETE    COLLECTION 

OF: 

STATE    TRIALS, 


529.  The  Trial  of  James  Stewart,*  in  Aucharn  in  Duror  of  Appin, 
for  the  Murder  of  Colin  Campbell  of  Glenure,  esq.  Factor  for 
his  Majesty  on  the  forfeited  Estate  of  Ardshiel ;  before  the 
Circuit  Court  of  Justiciary,  held  at  Inverary  in  Scotland,  on 
Thursday  the  21st,  Friday  the  22d,  Saturday  the  23d,  and 
Monday  the  25th  of  September,  by  his  Grace  Archibald  Duke 
of  Argyll,  Lord  Justice-General,  and  the  Lords  Elchies  and 
Kilkerran,  Commissioners  of  Justiciary  :  25  George  II.  a.d> 
1752. 


THE  CRIMINAL  LETTERS; 

LiDCL  OR  Indictment. 

George,  by  the  grrace  of  God,  king  of 
^t  Britain,  France  and  Irdaod,  defender  of 
l^Aitb.  To  our  lo?it8,  -— —  macers  of  our 
c*«t  of  justiciary,  messengers  at  arms,  our 
*^«iffi  in  that  part,  conjunctly  and  severally, 
fptciilly  coostitote,  greeting.  Forasmuch  it 
>■  humbly  meant  and  complained  to  us,  by  our 
^  trust?  William  Grant  of  Prettoograoge, 
^  our  adrocate,  for  our  interest,  and  also  by 
^rbf it  Janet  Mackay,  daughter  to  the  lion. 
^Bgli  Mackay  of  Bighouse,  esq.  and  relict  of 
^  deceased  Colin  Campbell  of  Glenure,  for 
hcnrif,  and  on  behalf  of  Elizabeth  and  Lucy 
^^•■pbells,  her  infant  children,  withconcourse 
^  oar  said  adrocate,  for  our  interest,  upon 


*  See  some  obserfatioos  on  tbis>Case  in  Mr. 
lliniett*s  **  Treatise  on  various  branches  of  the 
CriBioal  Law  of  Scotland,"  chap.  14.  Of  this 
^  msoy  other  remarkable  Cases  before  the 
^vttetiry,  no  account  was  given  by  Mac  Lau- 
li^  to  bis  Collection,  because  reports  of  the 
^  had  been  previously  published.  See  his 
^^cftoe,  p.  4,  cooteots,  p.  1.5. 

Aaealoua  partisan  of  Stewart  publishedjunder 
IW  title  of  «*  a  Supplement  to  the  Trial  of 
^>ais  Stewart,"  a  warm  and  spirited  arraign- 
^  sf  the  proceedings  upon  this  Trial.  I 
^  Made  some  eirtracts  from  bis  publication, 
if  tMi  1  kmom  not  the  date. 

T0L.X1X. 


James  Stewart  in  Aucharn  in  Duror  of  Appin, 
commonly  known  or  reputed  to  be  the  natural 
brother  ot  Charles  Stewart  of  Ardshiel,  attaint- 
ed, and  present  prisoner  in  Fort- William ;  and 
upon  Allan  Stewart,  commonly  called  Allan 
Breck  Stewart,  son  to  Donald  Stewart  alias 
Vic  Ean  Vic  Allister,  fomeiiroe  in  Invercbom- 
rie  in  Rannoch ;  and  .since,  or  sometime  after 
the  18th  day  of  April,  1746,  a  cadet  or  sol- 
dier in  the  French  king's  service,  or  reputed 
in  this  country  to  have  been  such. 

That  whereas,  by  the  law  of  God,  and  the 
laws  of  this  and  all  other  well-govenied  realms, 
murder  is  a  most  heinous  crime,  and  severely 
punishable,  especially  when  the  same  is  com- 
mitted  deliberately,  and  by  lying  in  wait,  and 
from  a  malice  conceived  against  the  person  so 
murdered,  on  account  of  the*faithful  discharge 
of  the  duty  of  his  office. 

Yet  true  it  is,  and  of  verity,  that  the  said 
James  Stewart  and  Allan  Stewart,  commonly 
called  Allan  Breck  Stewart^  complained  upon, 
are  guilty,  actors,  or  art  and  part  of  the  said 
heinous  crime  of  murder,  aggravated  as  afore- 
said, in  so  far  as  the  barons  of  our  Court  of  Ex- 
chequer in  Scotland  having,  by  commission 
dated  the  2dd  day  of  February,  1748-9  vears, 
appointed  the  said  Colin  Campbell  of  Glenure 
to  be  factor  upon  the  lands  and  estate  of  Ard- 
shiel, forfeited  to  ua  by  the  attainder  of  the  said 
Charles  Stewart,  and  lying  within  the  shire  of 
ArgvU,  and  in  the  neighbourhood  of  Glenure, 
the  bouse  of  the  said  Colin  Campbell,  and  alao 

B 


5] 


25  GEORGE  II. 


Trial  of  James  Slcivartf 


I* 


appointed  Li  in  factor  on  that  part  of  ihe  for- 
feiied  estate  of  Locliie),  called  Alamorc,  lyinj; 
in  the  shire  of  Inverness,  and  in  the  neighbour- 
bowl  of  Fnrt-'\TilIiaDi,  and  upon  the  forfeited 
estate  of  Allan  Cameron  of  Callart,  in  the  shire 
of  Inverness,  adjoining;  to  the  said  lands  of  Ma- 
more,  and  l>in^  lietwixt  Furt-William  and 
Appin  ;  he,  the  said  Colin,  entered  upon  the 
said  office,  and  proceeding  io  the  faithful  exe- 
cution thereof,  did,  among  other  things,  at 
Whitijiimday  1751,  cause  to  be  removetl  the 
said  Jameti Stewart  from  Glcn<luror,  a  farm  or 
possession  that  had  been  held  by  him  on  the 
said  estate  of  Ardshiel :  and  in  the  month  of 
Ipril,  in  this  present  year  1752,  the  said  Colin 
Cam[»bell  hati  taken  measures  for  causing  to 
be  removed  at  the  term  of  Whitsimdny ,  or  15th 
day  of  May,  now  last  bypa^t,  certain  other  per- 
sons who  were  tenants  or  posvessors  of  farms 
upon  the  said  lands  or  oslatc  of  Ardshiel ;  which 
proceeding  was  by  the  saiil  Jumes  Stewart,  for 
reasons  known  to  himself,  so  much  resentefl, 
that,  without  any  warrant  or  authority  from 
the  tenants,  or  persons  themselves,  so  intended 
to  be  remoTCil,  he  the  said  James  Stewart,  io 
the  month  of  April  last,  came  in  person  to 
Edinburgh,  and  caused  to  be  presenteil,  in 
name  of  the  said  tenants,  to  our  lords  of  session, 
a  bill  of  .suspension  of  the  said  intended  re- 
moving, U|>ou  divers  atfected  reasons,  that  were 
either  false  or  frivolous;  and  having  procure<l 
an  order  for  answering  the  said  bill,  and  a  sist 
of  execution  in  tlic  mean  time,  he  returned  into 
the  country,  and  caused  the  tenants  intimate 
the  sist  to  the  said  Colin  Campbell ;  who  there- 
upon repaired  to  Edinburgh,  where  an  answer 
haviiifr  been  made  to  the  said  bill,  the  same 
was  refused  by  the  lord  ordinary,  and  the  said 
Colin  Campbell  returned  to  his  own  house  at 
Gleuure,  where  he  might  be  in  the  way  in  at- 
tend the  duty  of  his  office,  and  to  cause  the 
said  removing  to  be  put  in  execution,  and  the 
new  tenants  introducied  to  the  lands  on  the  said 
15th  day  of  May  last. — And  on  account  of  the 
said  Colin  l^ampbell's  accepting  of  the  said 
office,  and  of  the  above-mentioned  and  other 
his  proceedings  in  the  faithful  discharge  of  the 
duly  thereof,  the  said  James  Stewart,  and  Allan 
Breck  Stewart,  conceived  a  most  groundless 
and  unjust  rosentiuenf,  malice,  and  enmity 
against  him,  and  at  length  entered  into  a  wick- 
ed conspiracy,  barbarously  to  murder  the  said 
Colin  Campbell,  and  tu  liereave  him  of  his  life 
by  the  hands  of  the  said  Allan  Dreok  Stewart, 
who  had  but  then  lately  come  back  frt^m  fo- 
rtin^n  parts  into  that  country,  and  intended  bOon 
to^rougntn  beyond  sea;  and,  during  his  said 
l:i>t  abode  in  the  country,  had  cl)i"t1y  fre- 
({Mtrntpd  the  house  and  citinpany  of  the  said 
J-iines  Stewart.  And,  in  prosecution  uf  this 
w  irked  cou*ipiracy,  upon  Monday  \\w  1  Itli  day 
of  May  last,  on  t!ie  morning  of  ivhich  day  the 
»aid  (  olin  Campbell  left  iiis  own  liousr  of  Cf  te- 
nure, tu  gu  to  tort-^Villiam,  in  the  country  of 
Utchaber,  about  the  distance  of  16  compiited 
niik^t  northwanl,  in  order  totnuticttome  binl- 
neii  rplaiing  to  bis  Hictory  on  th«  estate  of  Lo« 


chicl,  and  from  whence  he  was  certainly  ex- 
pected to  return  to  the  lands  of  Ardshiel  liefore 
Friday  in  the  same  week,  being  the  15th  day 
of  the  said  month,  when  certain  tenants  on  the 
lands  of  Ardshiel  were  to  be  removed,  as  above- 
mentioned,  and  others  introduced  in  their  room ; 
the  said  Allan  Breck  Stewart  went  from  the 
house  of  John  Stewart  of  Fasnacloich,  which 
lies  near  to  Glenure,  to  the  house  of  the  said 
James  Stewart  at  Aucharn,  lying  in  the  same 
neiglibourhood,  at  the  distance  of  about  four 
miles  northward;  and  there  the  said  James 
Stewart  was  informcil,  either  by  the  said  Allan 
Breck  Stewart,  or  by   his  own  son  Charles 

Stewart,  or  by Siewart,  daughter  to  the 

said  John  Stewart  of  Fasnacloich,  that  Ihey 
heard,  or  were  informe<l,  that  the  said  Colin 
Campbell  of  Glenure  was  to  go  to  Lochuber 
that  day,  and  that  he  was  to  persist  or  proceed 
in  the  intended  removing  of  the  tenants  of  Ard- 
shiel (as  the  said  James  Stewart  has,  among 
other  things,  acknowledged  in  his  judicial  de- 
claration taken  before  the  sherifl>substitute  of 
Inverness ;)  and  there,  after  receiving  such  ad- 
vice, in  the  evening  of  the  same  da}',  the  said 
Allan  Breck  Stewart  laid  aside  his  own  clothes, 
which  he  had  brought  with  him,  being  a  blue 
coat,  scarlet  vest,  and  black  breeches  of  sliag 
or  velvet,  which  were  believed  to  have  been 
brought  by  him  from  France,  an<l  \iliich  was  a 
remarkable  or  distinguishing  dress  in  that  part 
of  the  country ;  ami  then  and  there  the  said 
James  Stewart  furnished  him,  the  said  Allan 
Breck  Stewart,  with  a  suit  of  hi$,  the  said 
James's  own  clothes,  being  n  dark  coloured 
short  coat,  with  silver  buttons,  trowsers,  and  a 
blue  Iran  net,  in  which  the  snid  Allan  dressed 
himself  that  evening. — And  also  next  morning 
of  Tuesday  the  twelAh  of  May  last,  when  he 
\ei\  the  said  James  Stewart's  house,  where  the 
said  Allan  Ici^  behind  hiui  his  own  French 
c!othes  aforesaid,  together  with  his  hat,  and 
then  set  out,  in  order  to  lie  in  wait  for  the  said 
Colin  Campliell  on  his  way,  when  he  should 
return  from  Fort-William  to'  the  lands  of  Ard- 
shiel, which  lands  are  bordiTe«l  on  the  north- 
east with  the  lands  belonging  to  Alexander 
Stewart  of  Ballachelish,  whose  house  stands 
near  to  the  ferry  of  BulJacliflish,  upon  a  nar- 
row arm  of  the  sea  called  fjochlevin,  that  sepa- 
rates the  country  of  Appin  on  the  south,  from 
that  of  l^lamore,  part  of  I^chiel's  estate,  on 
the  north  Mde  of  it,  and  by  vihich  ferry  of  Bal- 
lachelish  it  was  kno\in  or  expected,  that  the 
yaid  Colin  Campbell  would  pasK,  in  his  return 
from  Fort- William  ;  and,  to  the  said  place  of 
Ballachfclish,  the  said  Allan  Breck  Stewart  di- 
ri'ctly  went  from  the  Imuse  of  the  said  James 
Ste««art  at  Aucharn,  on  this  Tuesday  the 
twettlh  of  May  last;  and  from  thence,  the 
same  day,  accoiinpaniiil  by  James  Stewart  tlie 
vounger  of  F.i«<n:icloidi^  went  to  Glenco's 
house  in  Carnoch,  about  three  miles  farther 
eastward,  where  the  dowager  lady  of  the 
house  is  sister  to  the  said  Charies  Stewart  late 
of  AnlBhiel,and  to  her  the  said  James  Stewart 
is  natural  brother;  and,  fruin  thence,  lie  went 


»1 


Jot  Murder, 


ibt  nme  day  to  the  bouse  of  Callart,  which 
nmetiiDe  belonged  to  Allan  Cameron  of  Cal- 
hrt,  itUioteU,  and  was  still  inbabiteil  by  Helen 
Stevart  his  %v(dow,  and  also  sister  to  the  said 
Charles  Stewart  of  Ardsbiel,  and  to  the  said 
isBMS  Stewart,  at  which  house  he  lodj^ed  all 
tkat  Tuesday  night ; — and  next   day,    beings 
Wcdanday,  the  thirteenth  of  Mav  last,  the 
Md  iUsQ   Breck  Stewart  came  back,  after 
eJSng  again  at    Camoch,   to   the  house   of 
iiexuider  Stewart  of  Ballachelish,  near  the 
ftny  aforesaid,  where  he  remained  the  night 
ttloaing  ; — and,  upon    Thursday    the  four- 
taesth  of  the  said  month  of  May  last,  when  it 
■igrfat  be  certainly  expected,  that  the  said  Colin 
Canfbell  would  return  from  Fort- William  to 
ibe  hods  of  Ardshiel,  and  country  of  Appin,  by 
tbe  said  ferry  of  Ballachelish,  the  said  Allan 
Brcck  Stewart  waited  about  the  said  house,  till 
about  twelve  of  the  clock  that  day  ;  and  then, 
voder  pretenee  of  going  a-6shiog,  walked  up 
akm^  a  bum  or  rirulet  near  to  the  said  bouse 
to  ti^  higher  grounds,  from  whence  he  had  a 
prospect  of  the  high  road  leading  from  Fort- 
IFilliam  to  the  lands  of  Ardshiel,  and  access  by 
a  short  passage  into  the  wood  of  Lettermore, 
danding  upon  tbe  lands  of  Ardshiel,  and  ad- 
joiaiag  to  the  said  road  on  the  south  side,  about 
I  mile  distant  from  the  house  and  ferry  of  Bal- 
hcbeiisb ;  and,  having  posted  himself  in  the 
aid  wood,  near  to  the  high  road,  by  which 
tke  said  Colin  Campbell  was  to  pass,  at  a  con- 
veoieot  station  for  his  wicked  purpose,  where 
be  bad  brought,  or  caused  to  be  brouffht  and 
t^aoed,  one  or  two  guns,  or  muskets,  loaded, 
with  which  he  continued  some  time  concealed 
is  tlie  wood  ;  and,  at  length,  about  five  or  six 
o'ckxk  in  the  afternoon  of  the  said  fourteenth 
4y  uf  May  last,  the  said  Colin  Campbell  hav- 
ing paMcd  tbe  ferry  of  Ballachelish,  and  been 
ttoveyed  by    the  said  Alexander  Stewart  of 
Ballachelish  from  tbe  ferry  to  the  entrance  of 
tke  wood  of  Lettermore,  as  he  continued  bis 
jamey  |iassiog  on  horseback  along,  or  through 
tkt  said  wood,  accompanied  by  Donald  Ken- 
itily,  a  sherilTs  officer  of  Art^yll-shire,  who 
was  on  foot,  and  bad  LOt  some  space  before 
bin,   the    road  lieing  bad  for  horses,  and  by 
Mango  Campbell,  writer  in  Edinburgh,  a  young 
■ui,  wlio  was  then  riding  a  little  way  before 
kiin;  and  behind  him,  at'some  distance,  was 
Juho  Madu^nzie,  servant  to  the  said  Colin,  and 
tlio  00  borseback. 

AimI  then  and  there  the  said  Allan  Breck 
Smart  fired  upon  the  said  Coliu  Campbell 
ffOD  behind  his  back,  and  shot  him  throuj^h 
tke  body  with  two  halls,  of  which  wounds  the 
iiid  Colin  Camnbell  died  upon  the  spot,  in  less 
tbao  an  hour  atter. 

Whereupon  the  said  Allan  Breck  Stewart 
ihcopdfcd,  and,  from  that  time,  appeared  no 
ksKcr  openly  in  the  country  ;  but,  during  the 
ai|^  Mbwing,  or  about  three  o'clock  in  the 
■oraing  of  Friday  the  fifteenth  day  of  May 
l>il,  bs  ctme  to  Carnoch,  the  bouse  of  John 
^■*^'*islti  of  Gleoco  abovementioned,  where 
W  kiicksd  at  a  window  when  the  family  were 


A.  D.  1752.  [6 

all  in  bed ;  and  the  said  John  Macdonald  of 
Glenco,  and  Isobel  Stewart  his  ste|>- mother, 
got  up,  and  went  to  the  door  to  the  said 
Allan,  who  then  told  them,  that  the  said  Colin 
Campbell  had  been  shot  detd  the  evening  pre- 
ceding, in  the  wood  of  Lettermore,  and  that  he, 
the  said  Allan,  was  leaving  the  country,  and 
going  the  Moor-road,  and  was  come  to  take 
leave  of  them,  the  said  lady,  and  Olenco  her 
son-in-law,  which  he  immediately  did,  and 
went  away,  without  entering  tbe  house,  though 
be  was  invited  by  the  lady  to  come  in,  and  take 
some  refreshment  there. 

That,  in  tbe  mean  time,  the  said  James 
Stewart,  complained  upon,  remained  at  his  owi^ 
house  at  Aucbaru,  firom  which,  on  the  morning 
of  Thursday,  the  14th  of  May  last,  he  sent  a 
letter  by  John  Maccol  his  servant,  to  Charles 
Stewart,  writer  in  Auchintour,  in  which,  inter 
alia^  he  writes,  "  As  I  have  no  time  to  write  to 
William,  let  him  send  down  imi^ediately  8/. 
sterling,  to  pay  four  milk  cows  1  bought  for  bis 
use  at  Ardshiel. '*  And  as  he,  the  said  James, 
hath  judicially  declared,  (when  examined  at 
Fort-William,  on  the  2nd  of  June  last,  in  pre- 
sence of  George  Douglas,  sheriff- substitute  of 
Inverness-shire)  he  did  not  see  the  said  Allan 
Breck  Stewart  after  the  murder;  hut  upon  notioe 
being  brought  to  the  said  James  Stewart,  com- 
plained on,  at  his  own  house  at  Aucharn,  im- 
mediately after  it  happened,  on  the  said  Thurs- 
day evening,  by  the  said  John  Mackenzie,  ser- 
vant to  the  said  now  deceased  Colin  Campbell, 
who,  having  \e\\  the  said  Mungo  Campfa«ll  to 
attend  the  corpse  where  it  lay,  rode  away  to  get 
help  or  assislance  fi»r  transporting  the  same  to. 
some  fit  house  or  place;  the  said  James 
Stewart,  complained  upon,  appeareil  noways 
surpriseil  or  concerned  at  the  news  of  the  mur- 
der ;  and  neither  he,  nor  any  of  his  family, 
went  to  look  after  the  corpse,  or  to  assist  in  the 
carrying  it,  as  others  of  the  neighbourhooil  did. 
And,  u|>on  the  morning,  or  about  noon  of  the 
day  following  the  murder,  being  Friday  the 
15th  of  May  last,  the  said  James  Stewart, 
complained  upon,  sent  Alexander  Stewart,  tra- 
velling packman  in  Appin,  to  William  Stewart 
merchant  in  Maryburgli,  with  directions  to  get 
from  the  said  William  5/.  sterling,  or  5  gui- 
neas ;  and  then  told  the  said  packman,  that  bis 
friend  Allan  Breck  Stewart  was  going  to  leave 
the  country ;  and  that  it  was  incumbent  on 
him,  the  said  James,  to  supply  him  with 
money;  whereupon,  the  said  packman,  that 
same  day,  repaired  to  Fort-William,  ami  deli- 
vered his  said  message  from  the  said  James 
Stewart,  to  the  said  WiUiani  Stewait,  who 
immediately  caused  his  wife  bring  the  packman 
three  guineas, — with  which  the  packman  re- 
turned the  next  day,  being  Saturday,  the  lOlh 
of  May  last,  back  to  the  said  James  Stewart's 
house  at  Aucharn  ;  and,  upon  his  arrival  there, 
found  the  said  James  Stewart  prisoner,  in  the 
custody  of  a  party  of  soldiers  ;  and  the  said 
packman  being  allowed  to  converse  privately 
with  the  said  James  Stewart  auti  his  wife  ;  and 
having  informed  him,  that  he  had  only  recei\  t<t 


TJ 


26  G£OilG£  11. 


Trial  qfJam^B  Stewarl, 


[» 


^  IjrtiinMs  from  Wilttam  Steivart  at  Marrburgli, 
tlio  said  James  i^ewart  took  out  of  his  nurse  2 
guineas,  which  he  gave  to  bb  wife,  ueslrinff 
her  to  g^ife  the  same  to  the  packman  ;  to  go 
with  these,  and  the  three  guineas  he  already 
hud,  atid^also  with  Allan  Breck  Htcwart's 
clothes,  to  him,  the  said  Allan :  and,  acrord- 
insfly,  on  the  evening  of  that  same  Saturday, 
iifter  the  fsuid  James  Stewart  had  been  calried 
off  prisoner  to  Fort-Vl^illiam,  his  wife  brought 
the  said  Allan  Breck  Stewart's  clothes  above- 
incntioned,  to  the  packman,  and  defiFered  the 
same  tied  up  in  a  bundle  to  him,  cootalninff  a 
pair  of  red  breeches  besides  the  Mack  breeehes 
above-mentioned,  that  wer6  the  prO|)erty  of 
the  said  Allati  himself;  and  at  the  same 
tirrle,  delivered  to  the  packman  the  two  gui* 
neas  nbofc-mentioned,  which  she  had  re- 
ceive: d  from  her  tiaid  husband  for  that  purpose, 
and  directed  the  packman  to  go  with  tbeclothes 
and  the  five  guineas,  and  deliver  the  same  to 
the  said  Allan  Breck  Stewart,  whom  he  would 
find  or  hear  of  at  the  house  of  John  Maccol, 
bouman,  having  the  charge  of  milk  cows  upon 
a  farm  or  shealing  belonging  to  Dougal  Stewart 
of  Appin,  at  a  remote  or  solitary  place  called 
Koalisnacoan ;  and  the  said  packman,  afler 
g'etting-  his  sujpper  at  Aucham,  set  out  on  this 
errand  acconnngly  that  same  night: — ^That, 
in  the  mean  time,  in  the  aflernoon  of  the  said 
Saturday,  the  16th  of  May  last,  the  said  Allan 
Breck  Stewart  was  seen  by  the  said  John 
Maccol,  Appin's  bouman,  in  the  heu^h  of  Cor- 
rynakiegh,  a  |nirt  of  the  farm  of  Koalisnacoan ; 
whereas  the  bouman  was  cutting  fire-wood, 
he  heard  a  whistle,  and,  Itiokiug  about,  observed 
a  roan,  at  a  considcruble  distance,  beckon  to 
him,  whom,  unon  his  going  up  to  him,  he  found 
to  be  the  said  Allan  Breck  Stewart,  who  saluted 
him,  by  asking  him  how  he  did?  And  the 
bouman  returned  the  salute,  and  told  the  said 
Allan,  he  was  afraid  it  was  no  good  action  occa- 
sioned liis  being  in  such  a  solitary  place ;  upon 
which  the  said  Allan  asked  |iim,  what  he  meant 
by  that  ?  And  the  bouman  answered,  that  he 
would,  without  doubt,  besuspcctcdof  Glenure's 
mnnler,  who,  he  heard,  was  shot  in  the  wood 
of  Lettormore  ;  and  that  there  were  two  men 
seen  go  from  the  place  where  the  action  was 
committed  ;  to  which  the  said  Allan  replied, 
'riiat,  if  he  was  ri;>htly  informed,  there  was 
hut  one  person  conccrne<l  in  the  murder  ;  and 
talking  i'ui^lier  of  the  matter,  said,  he  did  not 
doubt  the  family  of  Ardshiel  would  be  suspected 
of  the  murder  ;  and  that  he  believed  James 
Stewart  anti  his  son  would  betaken  up,  in  con- 
sequence of  their  difference  with  Glenure  about 
the  lands  ;  but  that  their  being  taken  up,  would 
not  be  of  any  consequence  to  them,  as  there 
would  be  no  proof,  unless  their  own  tongues 
betrayed  them :  and,  upon  the  bouman's  say- 
ing, fhat  he  wished  he,  the  said  Allan,  would 
leave  his  neighbourhood,  Allan  tod  him  be 
could  not,  till  Tic  was  supplied  with  money  and 
victdals ;  and  insisted  with  the  boaman,  that 
he  should  go  to  the  Strath  6f  Daror  (where  the 
said  James  Stewart's  ho«M  of  Aiidm  lict)  ftr 


money,  and  to  the  lady  Glenco  for  a  peck  of 
meal ;  both  which  the  boaman  appearing  to 
decline,  the  said  Allan  added,  that  he,  the  bou- 
riian,  must  go  to  Fort-William  with  a  letter, 
(which  the  said  Allan  tlien  wrote  with  a  wood- 
pigeon's  quill  be  had  gathered  artiong  the 
trees,)  to  William  Stewart,  merchant  io  Mary- 
bargb,  who,  he  said,  would  glVe  him  money 
tipon  reeeipt  of  the  letter;  and  the  boumao 
having  also  refused  to  comply  with  this  propo- 
sition, giving  fbr  bis  excuse,  tbAt  he  heanl  tbat 
all  that  went  to  Fort-William  at  that  lime 
were  taken  into  custody,  the  said  Allan  furtlier 
told  him,  that  unless  he  should  be  supplied, 
from  some  other  quarter,  before  next  day,  that 
he,  the  bouman  must  go  to  Fort- William,  not- 
withstanding these  difficulties,  and  that  he,  Allan, 
was  surprised  there  was  no  money  sent  him, 
though  It  was  promised  to  be  sent  him  to  tbat 
place.  That  very  early  in  the  morning  of  Sun- 
day, the  irth  of  May  last,  the  said  John  Maccol, 
bouman,  went  out  of  his  house,  to  look  after 
some  cattle  that  he  apprehended  were  amongst 
his  corns,  and  then  ooserved,  coming  towards 
him  from  the  westward,  a  man,  whom,  at  a 
distance,  he  took  to  be  Allan  Breck  Stewart ; 
but,  aiM>n  his  nearer  approach,  found  him  to  be 
the  said  Alexander  Stewart,  packman,  who, 
upon  bis  c6roing  up  to  him,  afler  the  ordinary 
salutations,  ask«l  tne  bouman,  if  he  had  seen 
Allan  Breck  Stewart  ?  which  the  bouman  hav- 
ing denied,  the  said  packman  told  him,  that  he 
had  money  and  clothes  for  the  said  Allan,  which 
he  (Allan)  had  try  sled,  (or  agreed  with  some 
other  person)  to  receive  at  that  place  from  any 
one  who  should  be  sent  af\rr  him  with  it ;  and 
then  the  bouman  owned  he  had  seen  him,  the 
said  Allan,  and  that  be  was  then  in  the  heugh 
of  Corrynakeigh,  and  told  the  packman,  that  if 
he  went  to  an  eminence,  which  he  pointed  out 
to  him,  and  whistled,  that  the  said  Allan  Breck 
would  probably  appear  to  him ;  but  this  the 
packmaq  declined,  complaining  tbat  he  was  so 
ntigued  with  travelling  the  whole  night,  that 
he  would  not  go,  having  been  lately  upon  his 
own  business  at  Fort- William,  and  having  been 
obliged  to  go  there  again  on  the  said  James 
Stewart's  errand  above-mentioned;  and  there- 
fore desired  the  said  bouman  to  deliver  the  five 
guineas,  which  he  then  gave  him,  to  the  said 
Allan  Breck  Stewart,  together  with  a  bundle  of 
clothes,  which  he,  the  packman,  had  left  at  the 
root  of  a  fir-tree  then  in  their  view,  which  he 
pointed  out  to  the  said  bouuinn,  who  promised 
to  deliver  both  to  the  said  Allan  as  desired  ; 
whereupon  the  packman,  being  much  fatigued, 
went  to  sleep  m  the  bouman's  house ;  and  in 
the  evening  of  the  same  Sunday,  the  seven- 
teenth of  May  last,  af\er  the  said  John  Mac- 
col, bouman  to  Appin,  was  ^one  to  bed,  he  Was 
awaked  by  the  said  Allan  Brock  Stewart  his 
knocking  at  the  window  of  his  the  said  boa- 
man's  house,  whereby  the  board  or  shutter  of 
his  said  window  fell  in ;  whereupon  the  said 
bouman  got  up  from  his  bed,  and  went  out, 
when  be  round  the  said  Allan  Breck  Stewart 
rt&cdataomediitafieefjrom  his  home,  who, 


»1 


JxJfT  MHtder, 


r«R  III 


togrtkc 
INfi 


•fit^fi^*!    Ill 


Ibnol  a!l,  fold  liiok,  he  itooil  m  ^reai  ueeij  of 
ifitik  ;  Hpnr    t»  :^ii    -•r,  *-■  ntno    iveiil  into 

^^unn  Of*  diih 
I    hern  hoiledf 
k  in  his  hnni], 
;^  :,  nil  tliey  come 
u  iHifn  or  rivufet,  not 
hiiu&e ;    &n(U  nt  this 
I'l'ik  asked  the  lion- 
iiiv  body  come  lo  tliat 
tar  birn?    i^hich   the 
the    Rffirmattve,    and 
1  i^tljia  the  i]ve  guineas  he 
\  lexander  Stewart,  ihe  jwck- 
'  Mian  Breck  Stewart 

>  ivithout  \m  ffend* 
<i  i  oil  VVUhaui,aD(J^n- 
G  hail  been  brought  Tor 
'"•'»iti  delivered  to  him 
<?'ii»enlioned,   iliat 
>»(ewftrt  the  pack- 
1  \\\H  fir- tree,  and  then 
d  and  tntiTated  the  bou- 
iOMieviliitit  tti  (hut  pUcenejit iDnrning' cart)  , 
b#  fsa^lil  dcUrerto  htm  the  dark  cob^ureil 
gnwunlfii  with  silver  buttons,  and  a  iiair  of 
btch  the  taid  hXHn  then  wore,  aud 
tlpttfi  UifDi  and  ivhich   he  told  the  bournan 
\\%«  pti*|»eriy  of  the  said  James  Stewart  in 
Is  it         '   'i  it  the  bouman  might  re- 
liiil  il'  -^e  ctolbes  to    the  vdid 

Of  if>  .^*^.^.l  .1  8tew»it  hiB  Hite;  and 
i  bouman  promised  to  meet  the  said 
^  ABm  ci»«^»  mrwiMtig^  a^  lie  desired;  and  ac> 
B   omlittfl  irtDti  repaired  next   diorDing' 

^^kifdrr  »  the  place  appointed,  at  the 

^^Ki  ,  Tur  the  mreiiii^f  where  he 

^^Bl  '  'br  s;ttd    Allan  himself,  but 

B^OBd&^j  '   coloureil  coal  and 

H    IfWUBin  ^«iher  with  hit  own 

■  taffMi  or  duli,  kik  nhicb  be  had  brong-ht  the 
B  ■itkaagft  tvater  to  the  »iid  Allan;  und^  in  one 
I  tfili*  pock#tft  of  the  Hiiid  short  coat,  the  said 
^MOiAti  fMiod  a  timal)  powder- hoi'n«  of  a  flat 
^  Siikr.  tritli  aome  carviii|^  upon  the  horn,  and 
B  Mi  w»x  Ofi  the  itiviile  thereof,  for  ineudin; 
^U|UrM«T  4f-*  *'-tMi  place  the  <iai<l 
^^^hIi  BlUtmh  w  fVom    that  country 

pVM«lli«  mi.  -,  ae  proposed,  by  g'oinji  a- 
#IM  miiioltiQif  ind  deK&rt!*^  where  there  wa; 
■i  #»illi«|^4imi3ie  for  the  space  of  about 
i^laiii  eofiijmtcd  mi(e»  eastward,  to  the  coun- 
try cmDed  f!antinch,  rn  the  north-west  corner  uf 
miNlir  r  of  the  said  Allan 

Bmli^r  iidfi  or  relatione  of 

L^liTC  \  jufiun^;.t  whutu  he  kqit  himaelf  ooti* 
nilM  fivr  a  few  day«,  nnd  was  there  seeit  with 
4»     "  1  I  pair  of  reil 

Ir  I  w  from  that 

CNiDirv ,  auti  utlj  ih»i  im  i  ji.  tan  i>  seen  or  heard 
if  jfitnii  lingi}um,  that  the  cuuipbiincni  bare 
tttBaMe  ti»  kani.  And  m  ;»  let t*^r  wrote  hj 
iIbmI  JaoiM  8iewart,  ^inci"  hi'  w.ts  laktn  into 
cviadf  Ml  at-cimiit  of  tht*  said  inm-Kr  h**nr- 
hg  mm  St  Fmt-  IVitharn  the  IDth  y 

IwlUrcMed,  To  Mr.  Juhti    ^  ul% 

'  li  libfl  aiguct  \  whrreio  iht  said  Jamea 


ding  a 

AlTlID 


A.  D.  1752.  [10 

[rr4)fte«i  gfmt  deteatation  of  the  murder,  and 

great  desire  that  the  said  Allan  Breck  Htewaii 
tnig^ht  be  apprehended,  and,  for  that  purpoce^  \ 
describes  the  i»erson  and  dresa  of  theiiaid  Allan  | 
he,  infer  aha,  My 9,  that   he,  the  said  Ailail| 
wore  a  pair  of  red  breeches. 

From  all  which,  and  other  facts  and  ctrcum* 
ataooes  that   will  be  proved  agninKi   the  said 
persons  complained  uftoii,  and  particularly  the 
tbreateoin^s  of  death  and  destruction,*  whioti 
the  said   James  Stewart,  and  the  satd  Allan  i 
Bt^ck  Htewart,  above  complained  upon,  havg  I 
been   henrd    to    otter  ag^ainst  the  stiid  Colin  | 
Campbell  of  G tenure,  now  bfreated  of  his  lifai, 
by  the  horrid  murder  and  assassination  nfore-  ] 
Hatd,  it  will  be  made  evitlent  and  pvoved,  thatj 
the   said    James    Stewart,   and   Albn    Breck 
Stewart,  compliiined  ujKin,  and  each  of  them, 
are  i^uilty,  actors,  or  art  and  part  of  the  said 
horrid  murder. 

And  as  a  part  of  this  proof,  there  will  be  pro> 
duced  certain  documents  in  writing,  and  other] 
particulars  enumerated  and  contained  in  an  in- 
ventory or  list  lliereof,  signed  by   the  com- 
plainers,  or  either  of  them,  copies  of  whicb 
list    or    inventory    will    be   delivered    to,    or  , 
nerved  upon,  the  persons  complaineil  upon,  at  | 
the  lime  of  eicecutin^  this  libel;  and  the  said 
tvritten  documents,  and  other  particulars  them-  ] 
selves,  will,  before  trial,  be  lodged  in  the  hands 
«f  the  clerk  to  the  circuit  court  of  justiciary, 
befcire  which  the  persons  complained  upon  aro  * 
to  be  tried,  that  they  may  see  the  same. 

At  least,  at  the  time  and  place  aforesaid,  the  | 
ttaid  Colin  Campbell  of  Otenure   was  barba- 
rouUy  murdered,  and  the  said  J^imes  Stewart,  ' 
j  and   Allan   Breck  Stewart,  above  complained 
uprm,  are  t^uilty,  actors,  or  art  and  part  of  the 
said  murder. 

All    which,  or    part  thereof,  being  found  ' 

*  The  author  of  the  *  Supplement*  objedati^ 
the  admission  of  proofs  of  particular  threaten* 
in^  upon  this  general  and  ambiguous  allega-  ' 
tinn,  which  did  not  afford  the  panoel  sufficient 
iuformatiflu  to  enable  him  to  be  prepared,  either  , 
to  exculpate  himself  from  tlie  charge^  or  to 
elide  it  by  a  contrary  proof. 

As  to  the  allegation  of  circumstances  and  pre* 
sumptions,  Air.  Ilume  (Coram.  Trial  for  Crimea^ 
c.  7,  »ol.  1,  p.  383,)  lays  it  down  that, 

»'  Tlie  rule  of  setting  forth  time  and  place  in  « 
a  libel  has  relation  to  the  main  act  only,  or 
consummation  of  the  crime,  and  not  to  the  iskt* 
cumstances  and  presumptions  which  may  be 
given  in  evidence  of  the  pannePs  guilt,  or  to 
inter  that  he  is  art  and  uart  of  the  charge* 
With  regard  to  the  detail  or  these  ;  for  instance 
in  a  case  of  murder,  the  preceding  enmity  and 
threats,  the  procuring  of  the  weapons,  the  flight 
of  the  paimel,  hii»  tiohavjour  when  tuken,  the 
blood  found  on  his  cloihes,  and  the  hke;  if  the 
libel  set  I  hem  forth  at  all,  it  is  matter  of  pare 
favour  on  the  jirnstKJu tor's  part ;  he  cannot  ^ 
therefore  be  challenged,  4br  ftlHnf  10  fdate 
ill  em  with  all  the  aeeonipa«taieflti  WtMa  lilt 
ptmnd  tnigitt  flonieiimea  deaire.** 


11]  25  GEORGE  U. 

proTeu  by  tbe  verdict  of  aD  assize,  before  ODr 
lords  justice-geoeral,  justiee-clerjc,  and  com* 
mifsionert  of  justiciary,  in  a  circuit  court  of 
justiciarv,  to  be  bolden  by  them,  or  any  one  or 
more  of  Iheir  Dumber,  iritbin  the  burgh  of' 
Inrerary,  upon  the  2l8t  day  of  Seplerober 
next  to  come,  N.  8.  the  said  James  Stewart, 
and  Allan  Brack  Stewart,  complained  upon, 
both,  or  one  or  other  of  them,  who  shall  be  ho 
oonficted,  ought  to  be  punished  with  the  painE 
of  law,  to  the  terror  of  others  to  commit  the 
like  execrable  crime  in  time  coming.  Oiir 
will  is;  &c. — Ex  deliberatione  Dominorum 
Commissionariorum  Justiciarii. 

Robert  LErra. 

List  of  the  PerMons  Nama  and  Detignation$ 
that  are  to  pau  upon  the  AMtise  of  the  said 
James  Stewart^  and  the  said  Allan  Breck 
Stewart,* 

Argyll- SHIRE. 

Donald  Campbell  of  Airds. 
Dugald  Stewart  of  Appin. 
1.  Colin  Campbell  of  Carnuhin. 
John  Maclean  of  Lochbuie. 
Donald  Campbell, younger,  of  Scammadale, 
Duncan  Campbell  in  Oban. 

*  Previously  to  the  death  of  Campbell  of 
Glenure,  there  had  been  a  long  and  bitter  feud 
between  tbe  Campbell  and  the  Stewart  clans. 
It  is  to  be  noticed,  that  of  the  assizers  from 
whom  were  to  be  selected  the  jury  for  trial 
of  this  Stewart,  25  were  Campbells. 

The  Justice  general,  who  in  deviation  from 
the  ordmary  practice  presided,  was  the  chi^f 
of  the  Campbells,  and  of  the  6fleen  jurors 
selected  by  the  Court,  eleven  were  of  hii 
grace's  clan. 

To  speak  generally  and  briefl  v  as  to  the  for- 
mation of  the  assize  or  jury,  the  course  ap- 
pears to  be  this:  Out  of  a  general  roll  of  the  per- 
sons liable  to  be  called  on  to  serve  as  assizers, 
the  clerk  of  the  court  makes  up  a  list  of  45,  ni 
whom  the  presiding  judj^e  selects  15  to  pass  on 
the  trial  of  the  paunel ;  these  are  presented  to 
thepannel,  who  is  asked  if  he  have  any  objcc^ 
tion  why  tliey,  or  any  of  them,  should  not  psK^ 
on  his  assize.  **  As  to  which,"  says  Mr.  Hume, 
**  our  custom  allows  him  not  that  freedom  > 
which  the  prisoner  has  in  Encfland,  of  settinc^ 
aside  so  many*'  [a  certain  number]  "  of  the  ju- 
rymen by  a  peremptory  challenge,  or  withoiii 
asst)2rning  any  cauie  of  dislike,  but  obliges  him 
to  specify  with  respect  to  any  one  whom  he 
challengres,  some  lawful  and  just  exception, 
why  the  man  should  not  be  trusted  on  such  an 
occasion.*'  Fifteen  to  whom  the  pannel  shall 
not  have  successfully  objected  constitute  the 
assize.  See  Hume's  Commentaries,  Trial  for 
Crimes,  ell,  pp.  89.  99. 93. 106. 

TIm  « Suppkuieot  to  tbe  Trial  of  James  Stew- 
tft'  nflDtioiii,  that  "  the  LondoQ  Evenmg 
FMoTDw.  5,  [1758]  took  Mtica  of  thia  tri^ 


Trial  qfjamei  SteXLort, 


[W 


Duncan  Campbell  at  Aross. 
ArcbibakI  Campbell  of  Knookbuie. 
3.  Dugald  MacdOgal  of  Gallanach. 
Donald  Cam|>bell,  bailie  of  Lochinnel. 
James  Fisher  of  Duren. 

3.  Alexander  Duncanson  of  Kills. 
Archibald  Campbell  of  Ormsarv. 
John  Ricbanison,  merchant  at  inverary . 

4.  Duncan  Campbell  of  South- Hall. 

5.  Hector  Macniel  of  Ardmeaniah. 
Archibald  Campbell  of  Clachanseil. 

6.  James  Campbell,  late  bailie  of  inverary. 

7.  James  Campbell  of  Rascheilly. 

8.  James  Campbell  of  Rudale. 
Angus  Campbell  of  Ardlarich. 

9.  CoUin  Gillespie  of  Bailliemoir. 

10.  Colin  Campbell  of  Skipnish. 

11.  Duncan  Campbell  of  Glendaraul. 
Hugh  Campbell  of  Lix. 
Alexander  Campbell  of  Ballochiel. 
Colin  Campbell  of  Kildalvin. 

12.  Colin  Campbell  of  Ederlin. 

13.  Niel  Campbell  of  Duntroon. 
Archibald  Campbell  of  Jura. 
Duncan  Maclauchlan  of  Croich. 
John  Campbell,  younger  of  Ottir. 

14.  Archibald  Campbell  of  Daill,  in  Craignisb. 

15.  Niel  Campbell  oFDunstaOiuish. 

BuTE-SHIRE. 

Archibald  Davie  in  Glenrossie,  in  Arran. 
John  Brown  in  Glenshervig. 
Donald  Brown  there. 
Alexander  Fullertoun  in  Brodick. 
Thomas  Macninch  in  Clachlands. 
Duncan  Macmaster  in  Lamblash. 
William  Hunter  in  Letter. 
Andrew  Macbryde  in  Monimore. 
John  Macbryde  in  Achincairn. 
James  Stewart  in  Mid-Klskidale. 
Alexander  Stewart  in  South -Kiskidale. 

Cii.  Areskine. 

Alex.  Fraser. 

Hew  Dalrymple. 

N.  B.  The  execution  of  the  criminal  letters, 
against  James  Stewart  personally,  was  upon 
tbe  21st  day  of  August,  1752  ;  and  the  execu- 
tions against  Allan  Breck  Stewart,  at  Aucharn, 
was  upon  the  24th  day  of  the  said  month  of 
August,  and  at  tbe  Market- cross  of  Inverary, 
the  25ib  day  of  the  said  month  of  August. 

in  the  following  words :  *  We  are  informed  by  a 
private  letter  from  Argyleshire;  that  the  ancient 
animosity  between  the  Stewarts  and  Campbells 
la  likely  to  revive,  on  the  score  of  hanging 
James  Stewart  at  Hallachelish,  on  account  of 
the  murder  of  Colin  Campbell  of  Glenure. 
The  circumstances  of  trying  Jumes  Stow&rt  at 

Inverar^Ti  the  seat  of  the'd of  A ,  is 

what  his  friends  Hx  upon  to  convince  the 
world  that  he  was  hastily  and  unjustly  con* 
demned."' 


13] 


far  Murder. 


A.  D.  1752. 


[II 


Ci?BiA  Itinsris  JovnciARn,  8.  D.  N.  R^is, 
leota  apud  harg'uiii  de  InTerarii,  yicesinio 
pnmodie  Meosis  Septembris,  Anno  Do- 
tnioi  millesimo  septiDgenlesimoquinquage- 
simofeGundo,  N.  S.  per  nobilem  et preepo- 
teatem  Principem  Archibaldum  Ducein 
de  Arg}U,  Dominum  Justiciarium  Gene- 
nlrm,  et  Patricium  Grant  de  Elchies, 
ansi^rerum,  e^Dominam  Jacobum  Fergu- 
son de  Kilkerran,  Doroinos  Comroissiona- 
nos  Justiciarii  dieti  S.  D.  N.  Re^s. 

Curia  legitioQ^  affirroata. 

His  51ajesty's  Advocate  naoTed,   That  the  < 
Criounal  Letters  at  bis  instance,  tor  bis  majes- 
ty's interest,  and  also  at  the  instance  of  Janet 
Mackaj,  daogfater'to  the  honourable  Huf^h 
Mackay  of  Biglionse,  esq.  and  relict  of  the  de- 
ceased iDolin  Carapbell  of  Glenure,  for  herself, 
and  on  b«baU'  of  Elizabeth  and  Lticy  Gamp- 
bells,  her  infant  children,  with  concourse  of  his 
said  majeftty's  ail?ocate,  for  his  majesty's  in- 
terest, s^aioj^  James  Stewart  in  Aucharu  in 
Ilnror  ofAppin,  commonly  known  or  reputed 
to  be  the  natural  brother  of  Charles  Stewart, 
late  of  Ardsbiel,  attainted;  and  Allan  Stew- 
art, commonly  called  Allan  Breck  Stewart,  son 
to  Donald  Stewart,  alias  Vic  Ban  Vic  Allister, 
sometime  in   Inverchomrie  in  Rannoch,  and 
ttoce,  or  some  time  a(\er  the  18th  day  of  April, 
1746,  a  cadet  or  soldier  in  the  French  king's 
ferrice,  or  reputed  in  this  country  to  have  been 
such,  might  be  called.     And  the  same  being 
•ccordin^y  done,  and  the  above  Allan  Stewart, 
commonly' called  Allan  Breck  Stewart,  lieing 
oft  and  divere  times  called  publicly  by  the 
macer  of  court,  and  thrice  called  at  the  outer 
door  cf  the  court- bouse,  to  bare  compeared 
lad  anderlyeo  the  law  for  the  crime  of  mnrder 
oofomitted  by   him  upon  the  said  deceased 
Coha  Campbell  of  Glenure,  in  manner  at  len^h 
•Motioned  m  the  said  criminal  letters,  he  harmg 
Wes  lawfully  cited  for  that  effect,  hut  not  com- 
paring,— tbe  lord  justice  general,  and  lords 
etouaiisiooers  of  justiciary,  decern  and  adjudge 
Alho  Stewart,  commonly  called  Allan  Breck 
fteirart,  son  to  Donald  Stewart,  alias  Vic  Ean 
Vie  Allister,    sometime    in    Inverchomrie  in 
lUsaocb,  and  since,  or  sometime  after  the 
18tb  day  of  April,  1746,  a  cadet  or  soklier  in 
tW  French  king's  service,  or  reputed  in  this 
CiNtry  to  have  been  such,  to  be  an  outlaw 
isifagicive  from  his  majesty's  laws ;    and  or- 
te  lam  to  be  put  to  the  horn,  and  all  his 
SMfeable  goods  and  gear  to  be  escheat  and 
ishrongbt  to  his  mi»jesty's  use,  fur  his  not  com- 
pstnng  thb  day  and  place,  to  underly  the  law 
Isr  the  crime  ot  murder  committed  by  him  upon 
t^  deeeased  Colin  Campbell  of  Glenure,  as  is 
Me  foll^  mentionetl  in  the  criminal  letters 
niicd  against  him  ihereanent,  at  the  instance  of 
WiUiam  Grant  of  IVestoiigrange,  esq.  his  ma- 
jeaj'sadvoeate,  for  his  majesty's  interest,  and 
^  at  tbeiostance  of  Janet  JVlackay,  daughter 
tetbebeooarable  Hugh  Mackay  of  Bighouse, 

aaad  raliec  of  the  said  deceased  Colin  Camp' 
of  GlHUVti  for  henelfi  and  on  behalf  of 


Elizabeth  and  Lucy  Campbells,  her  infant 
children,  with  concourse  of  his  nuijesty's  ad- 
vocate, for  his  majesty's  interest;  the  said 
Allan  Stewart,  cpmmonly  called  Allan  Breck 
Stewart,  having  been  lawfully  cited  for  that 
effect,  oft  times  called,  and  not  compearing. 
Ahqyll,  I.  P.  D. 

Inlran^ 

James  Stewart  indicted  and  accused  at  the 
insUnce  of  bis  m^esty'i  advocate,  for  his  ma- 
jesty's interest,  and  also  at  the  instance  of  Janet 
Mackay,  daughter  to  the  houourable  Hugh 
Mackay  of  Bighouse,  esq.  and  relict  of  the 
said  deceased  Colin  Campbell  of  Glenure,  for 
herself,  and  on  behalf  of  Elizabeth  and  Lucy 
Campbells,  her  infant  children,  with  concourse 
of  his  majesty's  advocate,  for  his  majesty's 
interest,  as  guilty,  actor,  or  art  and  part  of  the 
crime  of  murder,  committed  in  the  manner 
mentionefl  in  the  Criminal  Letters  raised  there*- 
anent  against  him,  and  Allan  Stewart,  com- 
monly called  Allan  Breck  Stewurt,  son  to  Do- 
nald Stewart,  alias  Vic  Ean  Vic  Allister,  some- 
time in  Inverchomrie  in  Rannoch,  and  since, 
or  sometime  after  the  18th  day  of  April,  1746, 
a  cadet  or  soldier  in  the  French  king's  serf  ioe, 
or  reputed  in  this  country  to  have  l^o  sacb. 

Procurators  for  the  Prosecutors. 

The  right  bon.  William  Grant  of  Pr«Bton* 
gprange.  esq.  his  Majesty's  Advocate. 

Mr.  James  ErskinCy  advocate,  sheriff- depute 
of  Perthshire. 

Mr.  John  Campbell  younger,  of  Levenside, 
advocate. 

Mr.  Robert  Campbell  of  Asnich,  advocate. 

Simon  Frazer,  esq.  advocate. 

Procurators  for  the  PanneL 

Mr.  George  Brozon  of  Colstoun,  advocate, 
sheriff  depute  of  the  shire  of  Forfar. 

Mr.  Thomas  Millar^  advocate,  sheriff-depute 
of  the  stewartry  of  Kirkcudbright. 

Mr.  Walter  Stewart  younger,  of  Stewart- 
hall,  advocate. 

Mr.  Robert  Mcicira/ojA,  advocate. 

His  Majesty's  Advocate  moved,  that  the  Cri- 
minal Letters  against  the  pannel,  and  the  be- 
fore-name<l  Allan  Breck  Stewart,  might  be 
read.    And  the  same  was  accordingly  done. 

Lord  Justice  General,  James  Stewart,  you 
have  heard  the  criminal  letters  against  you 
read.     What  have  you  to  say  to  them  ? 

James  Stewart.  Sly  lords,  I  nm  not  guilty 
of  the  crime  of  which  I  am  accused,  and  1  re- 
fer to  my  lawyers  to  make  my  defence. 

Mr.  Walter  Stcrcart  for  the  pannel. 

My  Lord  Justice  General ; — I  appear  as 
counsel  for  this  prisoner,  James  Stewart,  who 
now  stands  at  your  lordship's  bar,  charged  as 
being  accessary  to  one  of  the  foulest  and  most 
barbarous  murdera  that  has  occurred  in  any 
country  ;  the  murder  not  only  of  an  innocent 
gentleman,  but,  as  will  be  proved,  the  pannel^s 


IS]  23  GEORGE  IL 

own  intinaU  friend;  and  that  without  the 
soialleil  provocation,  save  what  |[reatly  eo- 
hancea  his  ffuili,  Tix.  Glenure'a  being  in  the 
liiithtiil  diacbargfe  of  his  duty  in  an  office  en- 
trusted to  him  by  the  poUic  He  is  charged 
with  causing  Allan  Breck  Stewart  lie  in  Wait 
for  this  unhappy  gentleman,  and  take  him  off 
by  a  base  and  inhuman  assassination,  i  am 
sensible,  my  lord,  that  the  paonel,  accused  of  a 
murder  attended  with  so  many  aggraTatine 
circumstances,  most  appear  berore  your  lord- 
ship, his  jury  and  tlie  world,  in  a  f  ery  unfa- 
vourable Tiew.  A  certain  indignation  naturally 
arises  in  every  humane  breast  against  one  sus- 
pected of  so  horrid  a  crime ;  and  this  must 
net  be  a  little  increased  by  the  malicious  stories 
and  insinuations  industriously  spread,  which 
the  panael,  from -bis  close  copnnement,  has 
had  no  opportunity  of  contradicting,  fiut  now, 
as  he  has  put  himself  for  his  trial  upon  God 
and  his  country,  bv  pleading  not  guilty,  until 
ihat  country  finds  him  guilty  the  presumption 
is  for  innocepce.  This  he  has  a  title  to  de- 
mand. All  1  shall  ask,  however,  is,  that  as  I 
kaow  his  judges,  so  I  hope  his  jury,  and  all 
wlio  now  hear  me,  will  lay  aside  any  prejudice 
against  him,  and  will  form  no  opinion,  until  the 
oiroumstances  of  the  libel,  the  dtfeneea  which 
I  am  now  to  offer  against  it,  and  the  proof  of 
both,  be  attentively  considered.  For  myself, 
my  lord,  1  must  say  (and  I  believe  I  may  say 
the  same  for  all  the  gentlemen  on  the  same 
side  with  me),  did  I,  aner  the  strictest  inquiry, 
suspect  the  panncl  to  be  accessary  to  this 
murder,  it  would  be  the  last  actwn  in  my  life 
to  stand  up  in  his  defence.  But,  my  lordy  we 
have  gone  through  this  libel  with  the  greatest 
attention,  and  have  taken  a  view  of  the  several 
facts,  which,  after  a  precognition  of  above  a 
thousand  witnesses,  are  set  forth  to  support  the 
charge  against  the  pannel ;  we  have  heard 
from  the  pannePs  own  mouth  his  defences 
against  this  charge,  which  he  avers  he  can 
prove ;  we  have  heard,  from  the  unprejudiced, 
the  generai  character  he  bears  in  the  world, 
and,  from  the  whole,  cannot  help  concluding, 
that  he  is  not  guilty.  We  look  upon  ourselves 
as  standing  up  for  innocence,  when  defending 
this  pannel.  It  is  therefore  our  duty  to  defend 
him  with  that  warmth  which  innocence  claims 
as  its  due. 

In  the  entry  of  this  trial,  my  lord,  I  cannot 
help  complaining  of  most  intolerable  liardshi|>s, 
which  this  pannel  has  undergone  since  Nay 
last,  when  he  was  first  incarcerated.  My  lord 
advocate's  humanity,  his  tenderness  to  pannels, 
I  can,  from  my  own  little  ex|»erience  in  trials, 
subscribe  to.  The  unjustifiable  steps  1  am 
now  to  complain  of,  I  must  therefore  lay  to 
the  charge  of  the  private  prosecutors.  1  dare 
say  my  h>rd  advocate  as  little  kuew  of  them, 
as  he  will  now,  when  be  hears,  approve  of 
them.  The  pannel,  since  tbe  month  of  May 
last,  has  been  kept  in  the  ckwest  contiuemcni. 
^4>r  tke  first  six  weeks,  oo  mortal  was  allowed 
aopeilofaim;  afUr  €hat^  iadnrd,  fyr  some  short 
tme,  epWniitpiMW  mm  giMB  t«  Imi  wife,  and  one 
9 


Trial  qf  James  Stewart f 


[16 


or  two  more ;  but  any  who  could  be  thought 
proper  persons  to  prepare  defences  for  his  trial, 
were  carefully  denied  access  to  him.  And 
again,  for  a  considerable  time  before  his  trial, 
he  was  dose  confined,  and  all  admittance  re- 
fused. When  his  counsiel  came  to  this  place, 
and  wanted  to  see  him,  we  were  told  that  none 
were  to  be  admitted  without  a  warrant  from 
the  duke  of  Argyll ;  and  a  petition  was  ac- 
tually drawn,  to  be  presented  to  your  grace, 
when  a  message  came  allowing  us  access. 
His  sons  and  his  servants  too  have  suffered  the 
same  close  imprisonment.  And  all  tlus  not 
only  contrary  to  humanity,  but  directly  in  tbe 
Ace  of  the  act  of  parliament  1701,  which  dis- 
cbarges close  imprisonment  after  eight  davs, 
under  the  severest  penalties.  By  the  precau- 
tion of  this  private  prosecutor  too,  the  bar  has 
been  In  a  manner  shut  up  against  this  pannel; 
all  the  old  experienced  counsel,  though  not 
brought  to  maintain  th2  charge  against  him, 
have  been  retained  from  giving  him  their  as* 
sistance ;  otherways,  in  all  probi&lity ,  I  had  not 
now  been  employed  to  opoi  his  defence.  The 
pannel's  house  and  his  repositories  have  been 
three  several  times  searcbM,  and  papers  carried 
off  by  near  relations  of  the  prosecutors,  attend- 
ed by  a  military  force,  ana  without  any  war- 
rant. His  wife  and  his  sons,  who  by  the  laws 
of  God  and  man  cannot  be  called  as  witnesses 
against  him,  have  beeu  examined  upon  oath  \ 
some  of  them  five  different  times,  to  catch  at 
any  discerdaace,  had  there  been  any,  in  their 
declarations;  and  these  very  declaraiions  are 
now  proposed  to  be  brouglit  in  proof  against 
the  pannel,  while  the  declarants  themselves 
are  alive,  and  ought,  by  the  fundamental  laws 
of  this  kingdom,  to  be  exatnined  in  presence 
of  tbe  pannel  and  jury.  These  are  hardships, 
my  lord,  which,  thanks  be  to  God !  meet  with 
no  encouragement  in  this  now  a  free  country. 
The  time  was,  indeed,  when  tlie  feeble  kiw 
was  unable  to  protect  the  iunoooot,  when  the 
rules  of  justice  were  broke  to  pieces  by  the 
ruffian  bands  of  power ;  then  our  unhappy 
/country  groaned  under  tlie  intolerable  yoke  of 
arbitrary  power ;  then  was  scarce  the  form  of 
a  trial ;  tlie  best,  tbe  greatest  of  our  country, 
even  an  Argyll,*  fell  a  sacrifice  to  the  will  of 
tyranny.  But  now,  my  lords,  tbe  days  which 
our  fathers  wished  to  see,  and  did  not  see,  we 
have  the  happiness  to  enjoy.  A  fair  trial, 
which  the  noblest  could  not  obtain,  the  meanest 
are  now  entitled  to,  under  the  protection  of 
laws,  guarded  by  a  government  ever  watchful 
for  the  good  of'^its  subjects,  under  which  the 
keenness  of  private  prosecutors  will  meet  with 
no  countenance  or  encooragement.  The  pan- 
nel, enjoying  the  privileges  of  every  free-bom 
Briton,  is  now  to  stand  trial  before  the  judges 
and  jury  of  his  country ;  and  as  his  judges 
will  shew  tbe  greatest  impartiality,  he  ezp^la 
the  same  from  the  gentlemen  of  the  jury. 
They  will  judge  of  the  proof  brought  ifefoni 

*  See  tbe  Cmo  of  Ibe  earl  of  Avgyll,  vol 
a,  p.  8i3. 


IT]        ^^^HV^       J^^  Murder. 

ikm*  UviBff  in  ilietr  ey«  iKe  exim^le  of  Al- 
'kU    Go<r.    hv   VI  hosi?  linlv  tmine  tliev  have 

-:  or 

pnoB^  [  It  erery  man  is  jud^j^ed 

iccoriui^  w>.     Tbey  will  consider, 

lJBAt«ilu«>  M^  lo  iiu^wer  loGod|So  ibev  hafe 
Uiioiwrr  la Uie  wcirli),  who  will  make  a  narrow 
lAil  i]iip%rtaU  ftcrminy  inlu  th^ir  veiilict.  At 
tk  maatt  lime  1  cnutiol  Uelp  say  log,  that, 
indaUUic  hmrd«l  ;  1  has  suflcred, 

mpc«lbom«  ptr  <ane«  that  he 

it  10  IbIiM  I»>  ^  '  <ie  coun- 

9  «flk  biniAeli',  v^  parti ca- 

br  bmvMgeof  i  .  u.^i  .n^  character 

m  llie  worklt  vHoii  l^'^^^'  wUiki  proof 

llfMarwj  loiu  '  '-f^  }v\ar\c  ^  crime. 

Iiiftriur  tlialy'^  re  Tutly 

OlirfKflBd  tbadei  ifcred  rbr 

te  fftttiMl}  I  vriU  beg  ie47e  to  lay  before  iLe 
aa  aeootttii  of  the  facls,  which  haire 
nm  i»  ibb  profiecutiuo,  as  they  really 
I  uut  as  we  have  ^ol  Ihem  itom  the 
»  ovm  mouth,  at  a  time  when  it  wiM 
tatere&i  In  hide  the  truth   from   Uf. 
Thm  pumrit  my  brd«  wa«i  in  possessjuit  of  a 
htm  m  Ibe  «»tat«  of  Ardaliiel  culled  Glenduror, 
mi  nwm  Uckamao  ui  another  callt'd  Letter* 
mmm,  mUet  he  had  subset  for  about  70/.  Scots 
»  ycur,  wbvT)  f  :<— ^    -  ■■      appointed  factor  on 
tbecsiklftor  Muary  1749.    That 

C4**j."-i.c'J   ...--  Hi4jndxhip  whicii   he 
cnl^rtained  Inr  the  panael  ia  a  rery 
mArittiT      Hi-  i'.ivi>  him  1  li<' ftianag'e* 
Uir  \,  (lower 

km  ma^ii  .       i       aiise  the 

Un^  m%  he  ahould  think  proper^  and  took 
|tflHy  fraoi  the  paimel  bta  bdl  tor  th':^  rent  of 
lAs  CMiila*  al  which  it  had  been  surveyed  by 
tlvlttr«|i«  of  frxdivqui^r,  ieavitit^  him  to  apply 
liiK  oiMTphm  m  ibt  ii««  nf  Anlahierit  children. 
Hn*  agf^rencni  irill  be  instructed  by  dis- 
«baign  Mid  l«Un  tindf  r  Glrnure*a  owi»  haad. 
Iknnetiflw  Mvri!  Whitsutiday,  1761,  Glenure 
tbt  panit«i  Hk  yield  the  faroi  of 
«f  Itidi  be  th«D  ppfsessrni,  to  Mt^ 
■T  ilvlatfiolin  -  --^^icuLir  fripod  of 
bit,  ^bo  nflerrd  an  ii'<  nt.     Thi«i  the 

tptiAedtttely   l^..,^.,...*    vtilh,   %vithout 
a   wartiint^,   rind   tnok    tho    fiirm  of 
i^v  livc*»  from  Mr.  Camp- 
tni(inutd   to  iiplill  the 
iiij .  of  him  u'jirf^menl 
lire 
■  -'I   in 
>rm  ut  Wliit- 
L^aiiist  several 
of  ArdshieL    The 
idt  ht  didexpostu- 
it  ihii^  teUing  him,  he 
ri  iliem  out^  aince  they 
'''>''■■  *  -    /  ihaD  any 
oatlii  10 
u»ii  peratnted 
the    nnnnel, 
.^ti^lif  al  the  de- 


imoCthfi 


iQidtt  oul  1  ihoji  meiDarial 


A.D.  1752.  [18 

of  the  fnct,  and  presented  it  to  one  ofthebaroiia 
of  exchequer^  who  disapprnTed  greatly  uf 
Gleoure^s  procedure  ;  but  could  du  nothing  to- 
wards putting  a  slop  to  the  removing-,  as  a 
quorum  of  the  barons  was  uot  to  be  had  until 
ihe  next  exchequer  term.  But  be  kept  the 
(iieinorial,  promising  to  represent  tlie  case  to 
the  whole  barons ;  and  ad^leil)  that  he  h:id  no 
doubt,  but  they  would  (^ve  an  order  to  the 
factor  to  continue  the  teuunta  in  their  poisca- 
iiions.  The  pannel  upon  thi$  advised  with 
counsel,  how  the  teuanis  might  be  kepi  ia  )>09* 
aesaion  until  the  exchequer  term ;  and,  by  their 
advice,  applied  for  a  suspension  of  the  remov- 
ing to  the  court  of  session  :  And  a  bill  of  su«« 
jiensioQ  bemu  accoidingiy  presented,  a  sist  wi 
obtained,  and  the  bill  ordered  to  he  answered  |^ 
vhich  sist  was  intimated  to  Glenure,  upon  tli 
panners  returning  Into  lUk  country  ;  and  h% 
not  kuowing  the  forms,  having  carried  witli 
Kim  the  principal  bill  of  suspension,  and 
Glenure  immediately  givinir  in  aoswera^  Iba 
same  were  advised  without  the  bill,  and  it  was 
refused.  This  scheme  of  a  siit^pension  having 
failed,  and  Glenure  persisting  in  bin  resolution 
of  ejecting  the  tenants  npon  the  term  day  al 
whicii  they  were  warned  to  remove,  the  pjinneJ» 
upon  a  second  applicniion  from  the  tenaati, 
wrote  to  Alexander  i:»teivarl>  notary  public,  to 
come,  upon  the  16th  of  diay.that  thty  might 
protest)  and  take  an  instrument  ai^ainiit  Oieiuire, 
if  he  proceeded  to  fjectinn;  and  when  Alex- 
ander .Stewart  excused  himself,  tb«  t>anoeL 
sent  a  letter «  by  express^  on  the  14th  of  >Iayi 
10  Cbartea  ijlewart,  notary  in  Auchiniourj  to 
come  on  the  ssimo  errand,  and,  in  a  postscript^ 
bid  hirn  tell  WtUiam  Stewart  to  send  down  Hi, 
sterling,  to  pay  four  milk  cows  ivbich  he  had 
bought  for  his  use  at  Ardshiel,  and  which  the 
tenants  had  refused  to  deliver  until  they  got 
the  price,  ttiough  William  Stewart  bad  wrote 
for  them.  This  pofilscript  is  laid  hold  of  hy 
the  prosecutors,  as  a  circumstance  to  tix  llua 
murder  upon  the  (Mmnei.  But  this,  my  lord, 
I  atn  not  surprised  at ;  other  letters  of  bis 
ahare  the  same  fate,  though,  if  possible,  len 
criminal  than  this  one:  By  what  eonjumtioD^ 
or  what  mighty  magic  tbey  cau  be  made  ao,  I 
own  1  cannot  cot\jecture. 

The  panne),  in  further  prosecution  of  ib^ 
plan  of  takinio:  a  protest,  on  Thursday  the  14tb» 
bad  engaged  James  Stewart  younger  of  F 
cloich,  and  John  Stewart  younger  of  Bel 
dielish,  to  be  present  on  tlie  l^tlif  and  witness 
his  protest.  But,  on  the  Thursday  ovenhig, 
the  pannel  received  the  melancholy  arcounta 
Mf  GIrnurt'i  being  murdered  in  the  wood  of 
l^ttermore.  These  are  the  facts  which  gave 
rise  to  that  inveterate  malice,  which  the  hbel 
says  induced  the  pannel  to  conspire  the  deattt 
of  Glenure.  The  words  are:  '^  And,  on  ac- 
count uf  tliH  said  Colin  Campbeirs  accenting 
tbefuihi  office,  and  of  the  above-mentioned  and 
other  his  proceedings  la  the  faithful  ditMiharge 
u(  the  duly  thereof,  the  nnid  James  cooceivetl 
resentment,^*  ^c.  tlow  umutt  thia  eouclusioii 
if»  I  da  Uttmblv  tiibi&it  to  ynur  ImilAhipi. 

C 


I 


W] 


95  GEORGE  II. 


Triel'tfjamet  Steuart, 


[90 


After  Glennre  wat  made  factor,  year  lordship 
•€€0,  they  continued  io  the  greatest  friendship : 
you  see  the  pannel  managring  the  estate  of 
Ardshiel  under  Glenure,  removing  from  his 
possession  of  Glenduror,  at  Glen  are's  desire, 
without  putting  him  to  the  trouble  of  a  wsm- 
ing,  and  going  and  residing  under  Mr.  Camp- 
bell of  Aii'ds.  He  had  no  possession  in  Ard- 
shiel estate,  as  Lettermore  was  subset;  his 
management  of  the  estate  was  not  taken  from 
bim,  and  he  was  still  allowed  to  remit  part  of 
the  rents  4o  Ardshiel's  family.  He  has  no 
eonnexion,  by  blood  or  otherways,  with  the 
tenants  warned  to  remove;  there  is  not  so 
much  as  one  of  them  of  bis  name.  The 
estate  was  annexed  for  ever  to  tlie  crown,  and 
was  ia.  a  few  months  to  fall  intoihe  hands  of 
commissioners,  appointed  by  his  majestv,  wb^ 
would  probably  restore  the  tenants,  as  they  of- 
fered more  rent  than  those  put  in  by  Glenure. 
Can  any  mortal  believe,  that  the  |>annel,  be- 
canse  Glenure  was  to  execute  a  removing 
against  these  tenants,  should  enter  into  so  exe- 
crable a  design,  as  to  assassinate  that  gentle- 
man by  the  hands  of  Allan  Breck,  on  the  14tb, 
when  we  see  bim  pursuing  quite  another 
acheme,  sending  for  a  notary  and  witnesses  to 
take  a  protest  against  bim  on  the  15th?  In  all 
cases  of  murte,  1  do  humbly  apprehend,  it  is 
of  necessity,  that  there  should  be  malice  afore- 
thought, which  Is  the  essence  ot;  and  consti- 
tutes the  crime ;  and  all  passions,  particularly 
one  of  so  extraordinary  a  nature  as  this  malice, 
must  have  had  some  cause.  I  do  submit  to 
your  lordtbi|>s,  if  there  b  the  smallest  apfiear- 
ance  of  that  malice,  or  any  thing  like  a  cause 
assigned  for  it.  But,  even  taking  the  story  as 
it  stands  in  the  libel,  it  is  a  tale  that  can  gain 
credit  with  no  mortal.  What  earthly  pur- 
pose could  the  pannel  serve  by  such  a  desperate 
piece  of  villainy?  Would  the  murder  of 
Glenure  prevent,  the  removal  of  the  tenants  ? 
Would  not  the  murder  of  Glenure  deprive  him 
of  the  liberty  which  tliat  scotleman  had  given 
bim  to  uplift  the  rents?  Would  it  not  put  ft  out 
of  his  power  to  help  bis  brother  ArdshiePs  fa- 
mily ?  The  pannel  is  allowed  to  be  •  judtcioua 
man,  prudent  in  his  actions  beyond  most  men 
of  his  rank  in  the  world.  Can  it  be  believed  he 
would  do  a  thing  so  directly  contrary  to  his  in- 
terest ?  Suppose  him  capable  of  the  crime,  we 
roost  suppose  him  the  greatest  fool,  as  well  an 
the  greatest  monster  that  ever  disgraced  hu- 
manity. But,  is  this  his  character?  No,  my 
lord,  a»he  is  a  sensible  man,  an  all  who  know 
bim  will  say,  he  is  a  humane,  peaceable,  good- 
natured  man,  looked  upon  as  a  father  where 
be  liFes ;  straiM(er8  were  happy  to  get  their 
children  under  bis  care,  as  in  net  he  is  tutor  and 
curator  at  this  very  time  to  several  orphans, 
who  .have  not  the  smallest  relation  to  him. 

Here,  my  lord,  I  will  for  a  little  leave  the 
naanel,  anjf  pve  an  acoooat  of  Allan  Breck 
Stewart,  wbo  b  diarged  as  the  committer  of 
this  Burdtr,  having  entered  into  a  wid^ed  coo- 

rcywhb  the  paonel  for  that  purpose.   Wbe- 
he  was  the  attual  laiirdflnr  or  Mt,  the 


pannel  knows  not ;  neither  is  tt  my  business  to 
say.  1  shall  only  point  out  what  oonnexiona 
were  betwixt  the  nannel  and  Allan  Breck,  leav* 
ing  it  to  your  lordship,  and  the  jury,  to  judge 
if  the  circumstances  of  these  connexions,  as  I 
shall  now  open  them,  or  even  as  they  are  laid 
in  the  libel,  are  sufficient  to  tix  upon  the  pannel 
his  being  a  conspirator  in  this  execrable  plot. 
At  the  same  time,  there  is  no  question  but  the 
prosecutora  must  fix  the  actual  murder  upon 
Allan  Breck,  otherwise  the  charge  against  the 
pannel  entirely  flies  off. 

This  Allan  Breck  Stewart,  my  lord,  was  the 
son  of  one  Donald  Stewart,  a  particular  friend, 
and  distant)  relation  of  the  pannel's.  He  died 
while  his  children  were  innnts,  and,  upon  his 
death- bed,  committed  them  to  the  care  of  his 
friend,  naming  him  tutor  and  curator  to  them. 
The  pannel  faithfully  executed  this-  trust,  took 
care  of  the  children's  education,  and  managed 
their  effects  to  the  best  advantage.  Allan  turn- 
ing extravagant,  when  he  grew  up  to  man's 
estate,  and  having  spent  what  was  left  him  by 
his  father,  inlisted  io  his  majesty's  servicot 
without  clearing  accounts  with  the  pannel,  who 
used  to  supply  liim  with  money,  and  pay  little 
debts  for  him,  even  after  he  became  a  soldier, 
though  he  knew  he  had  already  given  him 
more  tlian  bis  patrimony.  This  the  pannel 
thought  he  owed  to  the  memory  of  his  deceased 
friend.  Breck  continued  in  his  majesty's  ser- 
vice until  the  battle  of  Preston,  where  being 
taken  prisoner  by  the  rebels  he  inlisted  with 
them,  continued  with  them  during  the  libellion, 
and  afterwards  made  his  escape  into  France, 
and  inlisted  in  the  French  service,  where  he 
still  continues.  Since  he  first  went  over,  he 
has  been  in  use,  now  and  then,  of  coming  back 
to  Scotland,  and  staying  a  few  months  with  his 
relations;  be  commonly  landed  first  at  Edin- 
burgh, and  lodged  in  the  house  of  one  Hugh 
Stewart  There  he  seldom  went  out  but  in  the 
ni^ht,  and  more  than  once  narrowly  escaped 
bemg  apprehended  as  a  deserter.  IV  hen  he 
came  up  to  Rannoch  or  Appin  among  his  rela* 
tions,  be  used  to  stroll  about  without  any 
settM  residence ;  and  where-ef  er  he  came,  he 
generally  threw  oflfhis  French  clothes,  as  they 
were  remarkable  and  improper  for  that  hilly 
country,  and  borrowed  from  any  acquaintance, 
where -ever  he  happened  to  m  at  the  time. 
Among  others,  he  used  to  visit  at  the  pannel's 
house,  though  he  came  sddomer  there  than  to 
other  places  in  the  neighbourhood,  as  the 
pannel  used  to  take  a  good  deal  of  freedom  in 
olamin^  his  conduct  and  extravagance.  About 
the  beginning  of  Mareh  last  became  over  from 
France,  was  at  the  bouses  of  Balachallan 
and  Annat,  and  went  from  thence  to  Glen- 
bdcky's  house,  where  he  continued  until  the 
end  of  Maroh,  and  while  there  he  threw  aside 
his  French  clothes,  and  wore  clothes  belonging 
to  GlenbuckjT,  or  his  brother.  In  the  ban- 
ning of  AunI  be  came  to  the  pannel's  house, 
immediately  before  the  pamiel  went  to  Edtn- 
b,  and  staying  a  day  or  two,  went  off  with  a 
cobmnd  ahoii  ooct  wMi  dour  battOD|»  audi 


bmsl 


Jbf  Murder, 

flh«r  MHf  of  ibe  e(>untry  dress,  whicti  he  bad 
|ldlM  up  sl>out  the  punneFs  bouse,  rdiI  con- 
iMi4  sliwiii^  Aboat  itie  cnunlry  in  th&l  dress, 
ibe  hf*^'  ""<!  of  April,  wlipo  he  returnefl 
kti  st%  and  Brayed  a  Kinc^le  niif ht. 

11...  i  ;  rijy^  iibout  one  o^tiork  ahar* 
lie  returned »  »ind  fmmd  the  panne)  upon 
where  his  servants  u  erfi  covei  in^  pota- 
Tliey  continued  there  about  a  quarter  of 
If  in  iKe  bcsiripg  ofiht!  servants,  when 
^tne  froiii  Mr,  CacnpUrtl  of  Airrli 
l»tke  pttnnd,  desrringf  hm)  to  come  to  lam  at 
Kalttpofi  bti9ines«;  uj>on  wbich  tlie  pnnel 
nvlketl  with  Breck  from  ihefiirld  lu  the  nonse, 
it  about  fjity  yards  distance,  nnd  leavioer  bim 
thae  ftithoiii'goiag'  in^  ivent  direc^tly  to  Keil ; 
coDtiDoed  there  until  betwixt  teif  »nd  eleven  at 
ni^t,  when  returninGr  home  tie  luund  there 
•ereral  rlran^'f  ra  betfides  A  lion  Ureck.  They 
nipped  all  lOj^^uther,  and  continued  in  oneraom 
until  ibey  «  f  ut  to  bed,  lireck  lay  in  the  barn 
mih  the  panner^  jions,  and  one  Archibald 
Camcroo.  The  pan  net  batl  no  private  confe- 
with  bim  ;  they  were  not  one  moment 
iWes,  nor  ever  in  company^  but  before 
faniily  and  the  strangers.  Early  in  the 
Dg  of  Tuesday  the  12lb,  before  Breck 
out  of  bed,  and  withont  set'in^  or  «|}eakinj^ 
rUh  bim,  the  pauuel  went  to  Appin^s  hou^ei 
Breck  was  fj^ne  before  lie  returued,  and 
nel  bA»  never  &eeti  him  since.  What 
be  carried  otf,  be  does  not  kuo%v  ;  but 
tutborised  me  to  say,  tlint  what  in  laid 
tr  -  '  *  !ient  ftja^'  be  trut%  that  be  went  off 
*o  I  oat  which  he  n&eil  before.     That 

be  v^i^iii  i'f  lUlbicbtfli^i,  Irom  that  to  Gteiico'a 
boo*e,audtbentoCallart,  and,  on  Wednesday, 
—  -  liack  to  ISaliachelj!»J»,  whtfre  he  stayed  nil 
On  Uic  Tburaday,  in  the  forenoon,  he 
Bfttlaehelisb's  servants  in  carryings  ont 
,  aud,  after  dinner,  he  ^t  a  tmI,  and  went 

itiy,  conlioued  tome  time  iu  sight  of  Bal- 

llifadi*u  and  bi»  servants,  who  were  tarrying 
001  tbe  dung  ;  but  going  a  little  up  the  water, 
a  ridng  grourtd  intercepted  their  view,  and  they 
lair  no  more  of  him. 

Thm,  my  lord»  is  a  true  account  of  the  con- 
nexion bftwixi  Ihc  paanel  and  Allan  Breck 
'  murder,  as  it  will  come  out  upon 
H  draw  this  conclusion^  that  tbia 
I  ( :irii?»piiacy  must  have  been  laid  and  ron- 
brtween  them  in  a  few  seconds,  wliile 
nel  wa«  w:dkuijj  from  his  potato*  gf round 
tilns  huu&e,  at  hiiy  yards  disinnce  ;  tor  at  no 
dlltf  lico€  bftd  they  any  prit'ate  conference. 
Tkmehuu^lng  the  cbjlhcs,  your  lord^hi^^  sees. 
Via  alioifether  uuknowu  to  iLe  puunel,  and 
what  Breck  was  io  use  to  do  at  ibe  panner^ 
booa«,  and  over  ibe  i«  hole  coun try.  But  lok- 
kf  llie  ttory  oa  It  stands  in  ihe  bbeK  «vhu  can 
pOMlbly  befieve  that  the  pannel  wotdd  have 
^ven  Breck  his  own  c1otiifc>$i  to  diii^uise  bim- 
adf  fur  comnjiitiu^  this  murder,  or  that  Bceck 
#oolil  have  put  ou  tbia  diifftiiiie  tbur  diiys  be- 
$m9  the  murder  bapptnejlf  Tbe  libel  says^ 
.Olttuurewas  ccrtaiufv  expected  on  ibe  Thura- 
diay  to  return  from  i'oit^VVdliaffi  to  Ardshiel. 


a  1752.  [« 

Would  Breck  then  bare  put  oil  bia  disguise  on 
the  Monday,  and  g^one  about  piddtcty  in  it  ?  Nu» 
surely » my  lord  ;  children  would  hnv'o conducted 
ft  plot  better  than  tht«  ;  aii<l  yet  upon  thiscircum- 
stancp  of  cbang^insf  clothes,  as  incredible  as  it  ii 
Ikhejy  repreateiited,  stands  one  half  of  the  pro* 
secutor'a  hopes  (if  the  libel  contains  them 
afl)  of  fixinff  this  crime  upon  the  prisoner. 

J  proceed  to  lay  before  your  lonhbips  the 
aequd  to  Glcnure's  murder.  Betwixt  six  and 
seven  on  Thursday  evening,  Mackeociif, 
GleouiVfl  servant,  called  at  the  panners  bouse^ 
and  informed  himi  that  his  mailer  was  shot 
dead  in  the  wood  of  Lettermore.  Tl»e  Hbel 
says,  that  the  pannel  ajmeared  nowise  Eirr* 
prised  or  concerned  at  the  news;  and  that 
neither  he,  or  any  of  his  servants,  went  to  look 
after  tbe  corpse.  IM&ckenzie  will  not^  tispe  not 
say  so.  The  pannel  shewetl  that  surprize, 
that  deep  concern,  which  every  innocent  man 
must  feel  at  so  uiiexj>ectpd  and  melancholy  an 
accident  He  directed  Mackenzie  the  nearest 
road  to  Glenduror,  to  call  Mr.  Campbell  of  Bo- 
kveolan,  Gtenure*s  friend,  and,  in  the  mean 
time,  sent  such  of  his  family  as  could  he  spared* 
ami  several  oi'  his  neighbours,  to  take  care  of 
the  corpse.  Ou  Friday  nnoruio^,  theday  after 
the  murder,  the  pannel  received  a  message 
from  Allao  Breck,  by  Donald  Stewart,  rtepbetir 
to  Ballachelisb,  who  bad  seen  bim  iu  tlie  fields 
aliout  nine  o^clock  in  the  evening  before,  when 
Breck  told  him^  that  as  Glcnure  was  killed, 
there  would  be  a  strict  search  for  his  murderer  ; 
at)d  he  bcin^  a  deserter^  it  was  proper  for  hiin 
to  keep  out  of  tbe  i^ay ;  be  was  iherefore  re- 
solved to  leave  the  country  immeihatety  ;  that 
he  would  hide  himself  fur  a  day  pr  two  in  lb©' 
desart  of  Koali^uaooau  ;  and  as  be  had  no 
money,  he  herrffed  of  Donald  Stewart  to  go  to 
the  panne],  and  intbrm  him  of  this,  and  in  treat 
bim  to  send  a  little  money  to  bim  at  Koalisna- 
coan.  Donald  8tewart  they  said  to  him,  that 
he  hoped  be  had  no  band  in  Gleoure's  murder 
himself:  npon  which  he  took  God  to  wilnest 
be  had  none ;  but  his  being  a  deserter  to  tbe 
highland  army,  was  tiie  only  cause  of  his  ab- 
sconding, as  he  was  sure  be  would  be  hanged| 
without  mercy>  if  he  wa*  seized.  Upon  re- 
ceiving this  message,  the  pannel  sent  Alex- 
ander Stewart,  packman,  to  Fort- William,  tivj 
one  William  Stewart,  a  merchaut  there,  lo  get 
tiva  guineas  from  him,  telling  bim,  at  (be  samo 
time,  that  it  was  for  the  use  of  Allan  Breck 
Stewart,  who  was  ipoiiig  ofi'thi^countiy,  as  he 
was  a  deserter,  to  shun  the  search  which  would 
be  mode  for  the  murderer  of  Glenure.  Upon- 
the  packman's  return,  be  found  the  panod  in 
the  custody  of  a  party  of  soldiers  ;  aoil  as  h# 
had  got  but  three  guineas  from  William  i 
Stewart  at  Fort-Wdliam,  the  pannel  gave  bim  { 
other  two,  and  bid  him  go  to  Koalisnacoani  ^ 
where  he  wuidd  hud  Allan  Breck,  nod  give 
him  tkie  five  guineas.  Upon  which  the  pack^ 
man  went  home  with  tbe  pannet's  uife,  who, 
be  ifi  since  informed,  gave  bim  Breck's  French 
clothe<i,  which  he  had  lel\  ai  tbe  panuershOiii*  _ 
the    Mouday  bdore^    bat  vvbicb  tbe   pwia  *" 


aS]  as  OEORGE  u. 

knew  noChing  of.  As  to  the  long  episode  in 
the  iodictmeDt,  namtiug  the  oon? ereations  be- 
twixt Allan  Brack  aed  the  bouman,  as  the  pan- 
nel  knows  nothing  of  then,  they  shall  pass 
unnoticed  by  me.  Only  I  beg  leave  to  make 
this  single  observation  to  the  gentlemen  of  the 
jury,  that  when  this  part  of  the  libel  comes 
under  their  consideratjoo,  they  will  observe, 
that  it  can  he  proven  by  the  oadi  of  but  one  wit- 
ness, and  that  witness  swearing  only  to  what 
be  heard  Allan  Breck  say  ;  consequently  the 
mistaking  one  word  must  be  of  the  most  fatal 
consequence,  for  this  reason,  hearsay  evidence 
is  altogether  rejected  in  law.  They  will  like- 
wise consider,  that  what  Allan  Breck  says,  is 
said  by  one  who  wanted  to  clear  himself  to  the 
bouman  of  the  murder  of  Olenure,  which  the 
bouman  charged  him  with ;  for  which  reason 
be  might  be  tempted  to  throw  out  insinuations 
against  others.  JLet  the  jury  keep  these  hints 
in  their  eye,  and  then  let  (hero  give  what 
weight  to  this  part  of  the  libel  their  consciences 
can  allow  them.  The  pannel  was  taken  into 
custody  on  the  16th  ;  on  the  19tb  it  was  ru- 
moured in  Fort- William,  where  he  was  incar- 
cerated, that  AlUn  Breck  was  the  murderer  of 
Glenure.  No  sooner  does  the  pannel  hear  this, 
but  he  writes  a  letter  to  Mr.  Macfarlane,  writer 
to  the  signet,  expressing  the  greatest  abhor- 
rence and  detestauon  at  the  murder  ;  tells  him 
that  Allan  Breck  was  suspected  to  be  the  com- 
mitter of  it,  as  he  was  that  day  seen  near  the 
place  where  Glenure  was  killed,  and  imme- 
diately disappeared.  He  expresses  his  desire 
cf  having  him  brought  to  justice ;  gives  a  par- 
ticular description  of  his  looks  and  dress  ;  and 
further  says,  he  was  probsbly  gone  south,  to 
take  the  first  opportunity  of  going  abroad ;  and 
that  he  commonly  lodged  in  the  house  of 
Hugh  Stewart  at  the  back  of  the  Fountoin- 
well,  when  he  came  to  Edinburgh.*  This 
letter  too  is  bronght  as  a  point  of^littey  against 
the  pannel.  What  strange  and  unaccounUble 
torturing  of  the  most  upright  actions  must  there 

*  ^*  The  letter  here  mentioned  from  the 
pannel  to  Mr.  John  Macfarlane,  writer  in  Edin- 
burgh, had  been  shown  to  the  governor  of 
Fort- William,  and  was  receive«l  by  Mr.  Mac- 
farlane at  Edinburgh,  about  a  fortnight  before 
any  of  the  two  adverlisemente,  (vis.  one,  by 
the  lords  of  the  regency,  and  the  other  by  the 
relations  of  Glenure,  each  offering  a  reward  of 
100/.  for  apprehending  Allan  Bredc)  were  puh- 
lished  in  the  news-papers ;  and  really  contains 
a  truer  and  more  exact  description  of  Breck 
than  either  of  tbem  does.  But  why  the  proper 
use  was  not  made  of  this  information  frem  the 

erisoner,  is  to  this  day  a  secret,  and  remains  to 
e  accounted  for  by  bis  then  doer.  .  It  was  un- 
doubtedly a  great  neglect  in  him,  and  proved 
hurtful  to  the  helpless  James  Stewart:  for 
surely  it  shewed  an  early  fondness  in  him  to 
have  the  murderer  discovered,  aa  no  guilty 
verson  in  hia  senses  would  direct  bow  to  know 


TrudofJamei  Steanirt, 


[24 


and  find  out  his  accomplice'*    SapptemtDtto 
thnTrialofJaiMiStemrt. 


be,  to  make  this  criminal?  This  pupil,  this  re« 
lation,  this  friend's  son  of  bis,  whom  be  bad 
supplied  with  a  little  money,  to  keep  him  out  of 
the  hands  of  the  military  law  as  a  deserter,  no 
sooner  does  he  hear  him  named  as  being  j^ilt^ 
of  this  horrid  murder,  but  he  does  all  m  his 
power  to  have  him  brought  to  justice:  strange 
It  is  indeed  to  make  this  a  crime !  What  shonld 
the  pannel  have  done  ?  Should  he  haye  con- 
cealed the  suspected  murderer  P  No,  my  lord, 
he  acted  a  more  honourable  part,  such  a  part 
as  tliis  court  will  approve  of;  such  a  part  as 
every  member  of  it  would  have  acted  himsell'.* 

As  1  have  taken  up  too  much  of  your  lord* 
ship's  time  already,  I  shall  hut  just  mention 
such  defences  as  occur  in  point  of  law,  leaving 
them  to  be  insisted  on  by  the  gentlemen  who 
are  to  support  me. 

And,  in  the  first  place,  however  willing  the 
pannel  may  be  to  stond  the  issue  of  hb  trial,  it 
M  our  business,  as  counsel  for  him,  to  lay  hold 
of  every  handle  against  it.  1  therefore  submit 
to  the  Court,  whether  this  pannel,  who  is  only 
charged  as  accesssry,  can  be  tried  before  the 
principal,  Allan  Breck,  be  iirst  discussed.  I  do 
most  humbly  contend,  he  cannot ;  Imo,  Be- 
cause, if  the  contrary  practice  were  allowed, 
probation  might  be  led  against  the  principal, 
though  absent,  contrary  to  the  fundamental 
law  of  this  nation;  and  it  must  first  be  proven 
he,  the  principal,  committed  the  crime,  *•  primo 
*  debet  constare  de  corpore  delicti,'  before  the 
accessary  can  be  convicted.  Sdo,  If  the  ac- 
cessary must  defend  the  absent  principal,  it 
may  be  of  the  most  fatal  consequence  to  both, 
though  innocent.  The  princtpal's  greatest 
enemies  may  be  led  as  witoesaes,  and  such  de- 
fences as  would  have  been  sufficient  to  excul- 
pate him  entirely,  may  be  omitted.  3iio, 
These  priucipals  are  followed  by  the  opinions 
of  all  lawyers  who  write  U|K>n  the  criminal  law, 
and  likeways  by  the  practice  of  neighbouring 
nations,  particularly  that  of  fingUnd ;  where 
the  principal  must  be  attainte<l  alter  verdict  or 
confession,  before  any  judgment  can  be  given 
against  the  accessary.  But,4to,  What  I  now 
plead,  1  humbly  apprehend  to  be  tbe  law  of 
Scotland ;  for  so  it  is  expressly  said,  Reg. 
Msg.  ch.  96,  b.  4.  Cluon.  Attoch.  ch.  Bd,  and 
39sUt.  David  S.  And,  agreeable  to  these,  is 
the  opinion  of  our  great  criminal  lawyer  sir 
George  Mackeniie,  Uid  down  in  the  strongest 
terms  in  his  title  Art.  Part,  paragraph  9th. 
5to.  I  must  object  for  the  pannel  to  the  rele- 
vancy of  this  libel,  that  the  facte  and  circum- 
stences  mentioned  in  it,  though  they  should  he 
fully  proven,  are  not  sniicient  to  infer  his 
being  accessary  to  this  murder.  Every  libel  ia 
a  syllogism :  the  major  propoaition  contains 
the  crime,  and  the  laws  against  that  crime  ; 
the  minor  containa  the  facts  charged  againat 

^  "  Here  Mr.  Stewart  was  stopped  by  the 

D of  A-"—  and  rebnkcd  for  saying  that 

he  or  any  of  tbe  other  two  judges  would  havn 
acted  such  •  part.'*  SiMtaiiit  to  tbn  Trial 
ofja       " 


25] 


Ji^  Murder* 


Ihci^jtaotl;  aod  the  eoiiclits^ion  is,  tbat,  from 
ihate  i¥ci»,  be  is  ^itiUy  of  tlie  crime,  unci  de- 
•ecMs  ta  iiidef  tbe  p« ins  of  law.  Nov^f  it  Ike 
Afefilt  cteffed  do  not  amount  to  tbe  cnme^  tbe 
■wnfiiMnii  niy4l  be  iklse,  aiiil  ttie  libel  iiT«le- 

dU  TliiSy  I  bambly  apprehend,  is  tbe  pre- 
Me,  From  the  above  narration  of  I  be 
what  obiter vaiions  1  bave  alreatly 
I  iViem,  1  bofic  your  k>rrisbips  will  be 
ofmmmtif  thai  ibe  circuru stances  char^^ed  in 
the  ubel  are  »o  extremely  vogue  and  Iriviat, 
Ibat  iti^y  are  not  suffident  to  brin^  the  pannel 
OB^cf  911  much  as  a  suspicion  of  being*  g'uiUy 
•Ttliii  bornd  crime  laid  to  bta  ciiarge. 

Ifjraur  lordaiiipfi  «ball  tbink  proper  to  repel 
ikrM  defimoea,  and  to  remit  tbe  pannel  on 
Ibii  iodictmettt  to  the  knowled^^e  of  an  assize, 
wt  huiDbly  hope  you  will  allow  yg  a  proof 
if  aU  facta  ami  circumstaoces  ibat  cun  tend 
to  liit  cxculpalicm  ;  particularly  of  his  friend- 
"  *  >  wilb  Gleiifrr«  ;  of  Allan  Breck'a  b<*iog'  a 
er,  and  beio^  iu  use  to  put  of}'  bii»  French 
ciotbcs,  and  put  on  clothes  belungingr  to  the 
family  where  be  happened  to  be  at  the  time  ; 
•f  the  panners  having  no  private  confercnci^ 
»itb  birti  preceding  the  murder  i  of  the  mes- 
nfe  which  tbe  pannel  |^t  Iram  him  after  tbe 
viurtler,  litddiog^  him  send  bim  a  little  money 
to  Koalisnacuai],  where  he  was  going;  and^  m 
ffoeral,  of  all  other  defences  that  may  occur 
11  ii0oeasar^  to  tbe  pannel  in  tbe  course  of  his 
trill.  I  will  conclude,  my  lords,  with  a  single 
wari  to  tlie  geuiiemen  of  the  jury,  that  tbe 
Diore  fla{^raut»  the  more  atrocious  any  crime 
iti  the  more  clearly  and  disimctly  they  will  re- 
ipiire  it  to  be  made  out  to  them  :  that  as  tbe 
ctioie  It  pr(i]>osed  to  he  fixed  ujion  tbe  pannel 
by  pfcaumptiTe  evidence  alone,  they  will  be 
mmov  in  distinguishing  betwixt  audi  pre- 
Mafpyona  as  are  cooclusive,  and  such  as  are 
aai  so  ;  between  such  presumplinni  as  cfin 
ariie  from  no  oiber  cause  but  the  pannel's  be^ 
bg*  io  a  conspiracy  to  murder  Gleuure,  and 
•QCh  aa  are  mure  naturally  eiin$itrued  to  hare 
mea  froto  other  causes.  "  If  tbey  Unil  such 
prciBniptiuos,  as  that  they  can » before  Almighty 
8ed,  bnn^'in  a  verdict  Guilty^  it  is  their  duty 
Id  4a  ao,  and  tbe  law  will  have  its  vengeance. 
But  lol  tbetti  have  this  3ilway»  in  tbeir  eye, 
titti  belter  twenty  guilty  escape,  Ibao  that  one 
BBoceot  man  should  suffer  death  by  their 
Icnlict. 

Mr.  Robert  Mack  in  tosh  ^  for  the  Pannel. 

^Mj  Lord  Juitice-General,  and  Lords  Com- 
t  of  Jusliciary  \  1  appear  also  to  con- 

»iDyifiiall  mite  towaida  the  defence  of 

t^ts  fMHodf  who  has  the  misfortune  to  be  ac- 
caanl  ^f  «  crime,  wbidi  every  binly  must  ad- 
mil  lo  b«  of  the  deepest  dye ;  and,  as  kid  in 
Ifcft  iviftktiDent,  attended  with  the  moit  agg-ra- 
*  J  drcimstinces ;  and  I  do  it,  my  lords, 
<Kil  of  to  opinion  of  my  being  in  any  de* 
1  to  the  task,  a  share  of  which  t  have 
to  I  bot  rather  tliat  a  poor  man^  stand ^ 
iug  lllil  for  bis  life,  may  not  be  absolutely 
'^       "    #f  isiitMce,  irb«ii  UDCominoii  en- 


A.  D.  1752- 

deavours  bare  been  uaed  to  deprive  him  ofabl« 
help. 

My  lords,  I  dare  sa}*,  every  one  who  speaks 
in  thf*!  cunPte^  on  whatever  side,  will  bet^iu  iviih 
exprcssinir   a  d<itei*iatioii  of  tbe    crime  now 
char^^d  ogainn  the  pannel ;  if  not  in  accusing 
the  pannel,  yet  in  this  we  shall  all  agree,  be| 
Gondentn   the  miserable   person,    whose 
srience  accuses  himself  of  it ;  whether  he  no* 
stands  at  tbe  bar«  or  whether  be  flies  from  tbt 
aveugitig'  sword  of  jnslice.     1  mmt  acknow* 
Jetlge,  that  if  the  pannel  has  been  guihy  id, 
aooessary  to  this  murder,  beyond  all  C4Mitrii»| 
versy  it  conKtiinles  him  one  of  the  gi  eaten 
criminalu  that  tbid  or  auy  other  country  caul 
affunl.     Murder  is  a  hdnous  crime,  whether  jt| 
is  the  fate  of  tbe  eminent  or  the  obscure.     But  * 
thi^  murder  seems  tti  be  a  aitnphcatioii  of  all 
puilt ;  and  as  my  duty  calls  me  to  plead  iu  de- 
fence of  one  laKouriu!^  uuder  such  an  accusa/* 
tioo,  1  cauuot  do  it  but  \%ith  the  utmost  con* 
cern.     The  very  tnentiou  of  such  barbahtv  anil 
inif)uity,  as  was  just  now  reiiearsed,  could  not 
fail  to  move  every  humane  breast;    but  tbe 
rpadiocr  of  an  indictment,  such  as  we  have  it 
little  while  ago  heard,  is  enoufj^b   to  iu$pirt,J 
horror  t ven  in  the  ionoceut/    It  is  still  bardef* 
upon  me,  when  I  consider  the  unhappy  suf}erer 
in  that  dreadful  scene^  which  is  now  to  be  the 
subject  of  trial  J  one  agaiD&t  wboiie  life  1  should 
be  tbe  last  man  to  excuse  the  smallest  attempt ! 
one  whom  1  knew,  whom  )  regarded,  whom  I 
bad  the  honour  to  be  in  friendship  with  :  bia 
draih,  bail  it  been  common,  would  liaveatfect- • 
etl  me  ;  hut  his  munler  atfiicts  me.    1  sincere  1^1 
reirret  it,  for  his  own  sake,  lor  tbe  sake  of  biSj 
friends,   f*ir  the  sake  of  the  poor  disccmsoluHJ 
lady»  who  now  weeps  over  her  own  widowily^  J 
and  the  orphan  state  of  her  infant  cbihlren  ;  ij 
regret  it  f<»r  the  sake  of  the  whole  (and,  that] 
stands  polluted  by  the  cruel  shedding  of  in  no*  I 
cent  blood  I  and,  in  a  particular  maoner,  do  ll 
regret  it  fur  the  sake  of  tbe  Highlands  of  8coti^l 
land,  for  which  I  own,  from  private  con nexioua,] 
J  cannot  help  bAviug  a  regard,  uud  nhicb  I  am  X 
afraid  have,  by  this  unlucky  accident,  su^Vred  I 
a  deep  |K»litical  wound,  that  it  may  take  timt  | 
to  rub  t»lf  the  effects  of;  as  being  oble  to  fur*| 
ni«h  80  eiuiueot  an  instance  iif  barburi^m,  ini 
spile  rd'  the  noble  attempt  of  the   legi^lftiureiij 
and  of  all  in  the  ailmintstratinn,  to  polish  aii4( 
civilize  ihem,  to  reduce  ihcm  to  the  righteouij 
plan  of  ihe  government  of  this  country,  and  ttt! 
a  confitiLiiiLoual  cquahty  with  the  rest  of  thfrl 
united  kingd(»m. 

My  lords,  for  these  reasons  do  I  most  heartily 
}otn  in  deploring  this  fatal  catastrophe.    At  tbe 
same  time,  my  lords,  the  defence  i  am  now  to 
plead,  fixes  my  attention  u))on  a  mure  agree- 
able prospe^'t;  that  of  innocence,  ami  nut  of  J 
g-uilt;  and  the  importance  of  tbe  issue  justly  I 
chalkntrcs  my    most  Baogiiiiie  eflbrts.      V\aI 
have  before  its  the  life  and  fortune  of  a  man,  mi 
countryman,  I  believe  an  innocent,  though  no^l 
oused  oue^  I  mu%itbebeve  htm  innocent*  rmi  onlrf 
as  I  am  yet  ignorunt  of  aoy  proof  that   I  thniK 
should  coDTict  bim,  but  more,  as  1  have  oat 


S7]  25  G£ORGE  IL 

been  able,  in  a  Terjr  ftrict  ioTeatigitioo,  Id  difc* 
cover  from  hitnst;!!  toy  fymptom  ofguiti ;  and 
as  the  pematioa  of  ioDOceoce  may  give  cowmge 
to  defend,  so  1  persuade  myself  I  need  make  do 
apology,  if  I  am  able  to  speak  with  that  ear- 
nesUiess  and  freedom  that  becomes  the  conse- 
quence of  what  is  at  stake.  And,  on  the  other 
hand,  I  hope  to  be  ezcusetl,  if  I  fail  in  that  ac- 
curacy and  distinctness,  which  1  conid  wish  to 
obserre,  from  a  just  regard  to  the  dignity  of 
this  high  court,  and  to  the  presence  of  a  crowd- 
ed, and  I  dare  say,  an  interested  audience,  who 
are  ready  to  swallow  with  greediness  erery 
word  that  shall  he  spoke  on  this  subject. 

My  loiods,  before  I  go  farther,  I  cannot  omit 
obserfing,  what  I  am  extremely  sensible  of, 
and  that  is,  the  disad?antages  under  which  this 
|>snnel  enters  upon  a  trial  for  himself,  and  all 
that  is  dear  to  him  in  this  world,  for  what  con- 
oerus  ail  that  is  precious  to  him  in  another ; 
disadvantages  which  we  share  in,  who  appear 
as  his  counsel.  But  when  1  say  so,  I  would 
not  be  understood  as  meaning  to  insinuate  any 
reflexion  upon  the  conduct  of  the  honourable 
gentleman  whoprosecules  for  his  majeitty  :  he 
does  the  duty  or  his  oflioe,  tlie  duty  which  he 
owes  to  his  king  and  country ;  and  gave  an 
early  proof  in  this  matter  of  that  candotir  for 
which  he  b  remsrkable  on  all  occasions,  by 
turning  a  general  indictment  into  a  special  and 
circumstantiate  charge.  But,  to  use  his  own 
words,  when  hindered  from  doin^  what  his 
humane  inclination  eonally  led  him  to,  bis 
lordship  is  here  but  half  a  pursuer:  there  are 
others  ooncemed  in  carrying  on  this  pfoaecu- 
tion ;  and  1  am  afraid  their  iust  resentment  of 
a  murder,  which  they  had  all  the  reason  in  the 
world  to  be  zealous  in  searching  out  the  com- 
mitters of,  has  made  them  unguarded  to  mea- 
sures which  1  should  be  sorry  to  see  retaliate ; 
and  pushed  them  beyond  the  bounds  of  what  1 
would  call  humanity,  perhaps  think  justice; 
and  yet,  while  1  cannot  approve  of  their  con- 
duct, 1  am  loth,  if  I  could  avoid  it,  to  be  severe 
against  it,  not  knowing,  whatever  I  now  think, 
how  far  rage  might  have  got  the  ascendant  of 
reason  with  myself,  if  in  their  place.  One  thing 
is  obvious,  that  though  it  is  true,  that  the  justice 
of  our  law  agrees  with  the  common  law  of  rea- 
aoo,  in  presuming  every  man  innocent  till  he  is 
proved  guilty,  yet  we  have  rcaiion  to  fear  we 
come  li^e  oppressed  with  prejudice,  to  create 
and  propagate  which,  against  this  unfortunate 
pannel,  no  pains,  no  expence  has  been  spared, 
with  manifest  intent  to  prejudge  him  in  his 
trial ;  and  in  this  have  some  people  been  wise 
in  their  generation ;  well  knowing,  that  as  pre- 
sumed innocence  is  a  great  advantage  in  a  trial, 
so  believed  gtiilt  is  no  small  step  to  canviction, 
and  otien  anticipates  the  just  foundations  of  it, 
which  can  arise  only  in  proof.  When  I  see, 
and  am  sorry  for  this,  my  kirds,  in  one  view, 
yet  do  1  most  r^oice  at  it  in  another,  as  it 
abews  the  weakiiess  of  the  cause  that  has 
Beaded  anch  artificial  feet  to  support  it,  even 
io  the  bwioningt  and  which  being  removed,  aa 
I  hope  my  toon  will  boi  Um  inpcntnicture' 


Trial  of  Jama  Stewart , 


[28 

boilt  upon  the  false  basis  will  also  fail.  There 
are  other  things  too,  which  the  law  of  the  laml 
would  intitle  os  to  eomphun  of,  and  which  a 
few  years  oaore  experience  might  make  it  bet^ 
ter  become  me  to  exdaiui  against:  a  ckwe 
confinement  of  the  pannel,  contrary  to  the  aa* 
cred  charter  of  Uberty,  which  this  nation  boasts 
of;  abd  which  illegal  proceeding  waa  only  re* 
luoved  of  late  by  the  interposition  of  this  Court ; 
imprisonment  of  wimesses  to  be  adduced  against 
him,  where  none  had  access  to  them  but  the 
private  prosecutors,  or  their  agents,  removed  at 
a  distance  from  the  check  of  my  Lord  Advo« 
cate's  superintendance,  whose  oflaice,  though  il 
intitles  hrai  to  investigate  the  proof  of  public 
offences,  yet  renders  a  privilege,  dangerous  to 
be  indulged  to  every  injured  party,  sale  in  hm 
hands.  The  pannel  has  had  but  short  wamhig 
to  prepare  for  his  trial,  tliough  he  was  at  great 
distance  from  the  capital,  from  which  only  he 
could  have  counsel  and  assistance:  and  it  is  but 
ftry  lately  since  his  counsel  had  access  to  see 
himself;  not  for  some  time  after  we  were  in 
this  place.  These  things  1  only  mention,  aa 
my  brother  has  already  fully  opened  them; 
and  I  mention  them,  my  lords,  as  what  may 
have  aome  weight  with  the  jury,  who  are  to  try 
the  pannel,  (and  whom  1  now  consider  myself 
as  addressing)  to  remove  the  prejudices  that  are 
so  naturally,  thoui^h  insensibly,  imbibed  with- 
out doors,  and  which  especially  arise  in  the 
mind  from  the  unavoidable,  though  inconve- 
nient situation,  in  which  a  suppowd  criminal 
must  appear,  even  when  as  vet  the  law  pre- 
sumes him  not  guilty,  loaded  with  irons,  ami 
surrounded  %vJth  guards. 

My  lords,  1  do  not  mention,  as  a  disad- 
vantage to  the  pannel,  the  place  oif  his  trial.  I 
think  it  can  be  none:  there  are  reasons  why 
this  place  may  be  more  proper  for  the  trial  than 
any  other,  whether  the  pannel  be  guilty  or  in- 
nocent; that  be  may  be  either  acquh  or  con- 
demned, and  justice  may  take  place  where  the 
crime  was  committed.  And  one  advantage  the 
pannel  most  surely  profits  of  by  the  trial  being 
here,  viz.  the  presence  of  the  prince  who  pre- 
sides in  it,  and  who,*in  a  special  manner,  is  tlia 
father  of  bis  own  country,  as  he  justly  ai)|iear8 
to  be  of  this  part  of  the  kingdom.  This  of 
itself  is  more  than  sufficient  to  balance  a  dis- 
advantage, were  it  possible  to  suppose  any 
could  arise  from  the  opportunity  that  affords  it. 
At  the  same  time,  I  would,  with  great  defer- 
ence, observe  (and  I  hope  1  may  do  it  without 
giving  offence,  which  1  am  sure  I  do  not  mean 
to  do),  that  there  may  be  something  in  this, 
which  calls  upon  tlie  jury  to  be  cautious ;  and 
I  hope  an  attention  to  it  will  have  the  effect  to 
make  them  rather  lean  to  the  favourable  side, 
than  be  disposed  to  make  any  stretch  against 
tlie  pannel.  It  is  the  privilege  of  the  subjects 
of  this  country  to  be  tried  by  one  another :  yet, 
when  we  have  thia  advantage,  and  it  is  aa 
inestimable  one,  still  it  is  to  be  tried  by  men  of 
like  passkms,  i.  e.  like  infirmities  with  our- 
selves ;  and  ail  mao  are  more  or  less  siiscep- 
title  of  pr^udtoe.   I  boye^  hQwercri  I  amf 


59)         ^^^^^       >r  Murder, 

mMj  tmci  to  lUe  tMm^ifir  of  such  ft  jury  as  witt 
bpfrntnpan  ttie  }»Aiitief''s  trtu),  that  they  yvjU, 
if  utj  ioeh  tberc  are,  lay  aside  all  regard  lo 
cMmtry  rdtio'  tuns,  divest  them* 

lilf«i  9f  tU   ;  I  sit  iUmn  to  the 

trial  «Mi»ai'  luuti  i<i  y\etil  only  to 

IImi  IbfBt  vf  Ir  Mucr  rather  to  s^e  in  no* 

hy  *  ...,.,^-,1.  si,  than  gnttl,  un**i!ihed- 
ill OBodrmticd,  uml  ittctiiti-d  to  gife  the 
Wf«vr«iir  nn  ihe  (Viifniiraiite  shle,  Unless  the 
Plvifili'i  aranJ  convincing. 

jHrttli  m  I  ^    ri  and  pubtic,  and 

iht^ytt  ot*  the  wnViil  are  a  check  both  Uf>oQ 
j^igi  I  Ynd  jtiTT  ;  nnd  as  this  murder  has  been, 
laH  'lect  of  an  extended  specula* 

l»s.  '  t  t'^r  it :   (  hope,  be  the  issue 

•fiAy»L«iiL^  li  be  so  cnnductedf  as  to 

I  MUXktt  ^  nnc^rned  in  it ;  and,  I 

Itmi^  couhl    I  susj>ect  thai  the 
rountry,  or  the  court,  could  put  any 
mt**     ^      viho  Hould  ovtrlook  their 
iiVi  wbtch  I  dare  say  is 
M..3  I ' It. Ht lit  case,  I  would  put 
that,  it  I  hey  ha^e  no  regard  to 
V  aij.ul,!  ree^ard theinseivei ;  for, 
^iid,  Nob«Miv  is  happy 
i  ihe  paniiers  fate  to- 
►rrow,  aud  what  is  proof 
I  >;j|iuil  another  loo  gaffer 
thk.     £*«>ir  trill,  tlierefore,  thou/,'h  it  i»re- 
ifgily  alfala  optfy  those  trho  are  iin*5er  it,  la  in 
^^Kpivklsm  ^  those  who  do  try, 

■  iij  lonia,  liAvitij^  i^iil  m  much  in  general, 

{m4  1  Ikiolt  I  eouhC  !«ay  no  les«)  ii  should  be 
feiy  mvinac  aowto  state  what  has  occurred  to 
9f  m  ib«  ddeoce  of  the  pannel  against  tUia 


b«rof  njrou 


m 


l»rr#,  my  Iord<i|  we  have  a  most  bar- 
iiMlctil  •  shocking  murder,  charged 
tm  pe»ons  ;  hut  with  tbb  miterial 
the  two,  thai  the  one  is  by 
teiBifiirinuAi  charged  as  the  actual  ipurderer, 
hf  liMBdf ;  DO  mortal  along  with  him  at  the 
erf  it  ;  and  ihe  other  is  only  ai- 
ry tberelo,  as  having  been  in  a 
cjoosptracy  with  the  murderer:  and 
to  bi*  tried,  is  this  conspirator, 
l^  lanU,  I  do  not  diKtinf^tlj  see,  from  the 
It  as  laid  «{*aiii^!  Hreck,  what  proof 
Itotwtll  be  of  hi  'lA  actual  murderer. 

li^ttli  at  jirwit  ,  from  the  way  in 

•bi«^  Iba  alory  t«  toiti,  that  there  can  be  no 

Ct^  at  t«m«l  tio  direct*   no  stttij^lying  proof 
bttbftt  n     *  -  f  [  um  sure  of, 

Ii  impossible 
.  w»  11  coo8pfracy» 
•jns  accused   we're 
**'^  my  lord  ad- 
I   think,  very 
fl  liit  cliai^'c 

'   _.  the 

Hr  eoo«p«racy.     find  it  is  uputi  the 
riiliaatit  or  impftri  »>f  th»-rp  HrrrtuHtances, 
^lU  •»  ■itmi'  For  it 

li»  N  tmtf  Jog  ih& 


A.  D.  17-.2. 

relef  attcy  of  the  indtctmeot.  we  mean  to  call  in  ] 
fjiie^Lion  that  murder  ia  a  crime :  and,  for  m^  ^ 
own  part,  las  little coDlcst,  that,  asth«  law  noir] 
stands,  the  charfre  against  the  paiiuel  in  thol 
general  propoatU'iQ  of  the  libel  is  relevaat,  that  ] 
he  \s  g-uiky ,  actor,  art  and  part  of  the  murder  J 
of  Gleoure,  And  I  do  farlher  admit,  that,  if  the  ] 
pimiiFl  has  beeu  accessary  to,  or  il*e  former  of 
conlfiver  of  a  conspiracy  for  perpetrating  thig  J 
horrid  murder,  he  is  truly  na  much  art  aud  part  j 
thereof,  as  the  actual  murderer:  nay,  wer«J 
tliQt  the  case,  I  should  not  hesitate  to  pro«^j 
nounce  him,  if  (lossible,  a  greater  en  minal  ihaiij 
the  u]i9ci*eant  by  whnse  hauda  he  accoinpltf^hed  I 
the  wicked  assassination.  But  it  is  my  busi<l 
oess  now  to  endeavour  to  shew,  that  the  cir*^] 
cumstaiices  condescended  uoou  in  the  libel,  ontll 
on  which  I  must  sup()05e  the  proof  19  to  reit,4 
are  not  tantamount  to  the  general  charge ;  or^  J 
in  other  words»  that  the  premisses  of  the  indicl*i 
meot,  supposing  them  true,  do  not  infer  tbel 
conclusion,  much  less  will  they  support  it,  | 
when  they  appear  tu  that  light  which  J  hop*'] 
the  proot  will  pUce  them  in,  divested  of  ih«] 
romantic  dress  of  exajrgeratioD,  in  which  fancy^j 
has  dressed  them.  And  when  I  attempt  this,  f 
I  owo,  my  lords,  it  is  not  with  design  to  in-  I 
flueoce  your  lordships'  interlocutor ;  ihr^  ;is  f  1 
have  already  admitted  the  general  propositioti  ( 
of  ihe  hbel  to  he  a  relevant  charge,  I  suppos^ 
the  interlocutor  of  the  court  will  be  confined  toj 
that,  it  was  the  custom,  not  many  years  ago^i 
for  the  court  to  pronounce  special  interlocti*! 
tors  upan  such  indictments  as  the  one  now  un«^ 
der  consideration,  findinj:;'  what  factsor  circum*! 
stances,  Sf  proven,  would  infer  the  charge :4 
but  your  lortUhtps^  later,  aud,  1  think,  bette^ 
practice,  hos  been  to  evade  thai,  as  what,  if  ill 
imd  any  effi^ct  to  inflneuce  Ihe  judgment  of  the  J 
jury,  did  in  so  tur  deprive  the  pannel  of  hifl 
rightful  privilege  to  be  tried  by  the  jury,  aniT 
not  by  ihe  court ;  or  as,  what  ludeed  was  mor« 
likely  to  happen,  being  a  thing  that  had  no 
eJfect  at  all,  as  the  jury  woutd  judge  ove 
again  for  themselves,  what  the  court  bad  ineptlyj 
judged  of  for  them.  T  say,  therefore,  my  lordJ 
I  do  not  speak  so  much  ?or  your  lordships,  t 
for  the  jury  ;  willing,  90  far  as  1  can,  to  gutdt 
their  attention  to  where  I  apprehend  it  ough' 
chiefly  To  he  fixed,  in  the  proof  they  ar 
to  hear  ;  and  to  help  them,  if  V  can,  to  judgi 
on  what  part  of  it  they  ought  to  lay  srress  m 
forming  an  opinion  of  this  cause. 

There  is  only  one  thing  which  1  must  sub 
mil  to  your  lordships,  and  nhich  I  shall  bu 
mention,  as  my  brother,  who  opened  the  de^i 
fence,  has  alread\  offered  it,  and  your  lordship 
may  hear  more  "of  it  in  the  reply  to  my  Ion 
advocate;  and  thai  is,  the  prejudicial  <|ut8tio 
bow  for  the  pannci,  charged  with  an  accessio 
to  the  crime  of  another,  can  be  trieil  for  it,  till 
the  principal  is  Hrst  discussed.     Your  lordship 
well  know,  that  an  accessary  docs  of  iix  owq 
nature  follow  a  principal;  till,  then,  then.'  be  1 
l»rinripal,  theri' ran  be  no  accessar3%  and  lbi_ 
^inurupitl  bein^  removed,  the  acces^iary  is  also 
tak(;it  away  ^  atid  ibcre^r«,  till  the  ooe  it  con- 


3ij 


23  GEORGE  II. 


Trial  qfjamet  Stewart,  ■ 


[S2 


victed,  there  b  no  room  for  tryiDg;  the  okber; 
io  like  inaDner  as  the  principal  being  acquit, 
t]ie  accomplices  cannot  be  cunclemned.  That 
the  law  stood  formerly  so,  is  most  certain ;  as 
appears  from  many  authorities,  which  I  tor- 
bear  ciiiu((.  How  far  this  ie  altered  by  the 
act  of  parliament,  introduciod^  the  law  of  art 
and  part,  will  be  subject  to  the  judjj^raent  of  the 
court,  where  I  lea?e  it.  But  I  must  at  least 
inform  the  jury,  that,  however  the  law  stands 
in  this  matter,  it  is  undoubtedly  certain,  that 
they,  or  any  jury,  cannot  convict  an  accessary, 
but  upon  this  supposition,  that,  if  the  principal 
were  under  trial  before  them  they  would  con- 
vict himf  '*  Q.uando  proceditur  contra  aliquem 
tanquam  quod  prcestiterit  auxilium,  debet  con- 
stare  principalem  deliquisse."  And  the  ifenlle- 
men  of  the  jury  will  take  heed  to  this,  that  if 
they  shall  find  cause  to  convict  the  pannel  upon 
the  evidence  tliat  shall  be  brought  before  them, 
they  do,  in  the  most  express  manner,  declare 
their  opinion,  that  Breck,  and  no  other,  was 
the  murderer  of  Gleonre.  Nor  must  they 
hoM  suflScient  for  this  pnrpoie  the  presumptive 
couviction,  which  arises  from  his  flying  justice, 
and  being  fugitate  and  outlawed  by  the  sen- 
tence we  beard  tliis  day  pronounced.  The 
law  says  expressly.  That  no  fugitation  of  a 
princi|)al  is  to  be  held  for  a  conviction  against 
an  accessary  ;  and  indeed,  why  should  it?  for 
tlie  confesjiion  of  the  |friucipal,  were  he  now 
here,  would  not  be  evidence  against  the  pannel, 
anil  much  less  must  his  absence  or  run-away 
have  that  eftect  So  that  the  jun|f  must  here 
consider,  that,  before  they  can  convict  the  pan- 
nel, they  must  have  such  evidence  against 
Breck,  as  would  condemn  him,  were  he  on 
trial.  And  so,  leaving  Mr.  Breck  till  we  see 
what  proof  comes  out  against  him,  the  question 
is  at  present,  upon  what  is  the  charge  of  the 
pannel's  guilt  tbundtd ?  or,  ar^  the  circum- 
ataoces  alledged  iu  the  indictment  sufficient  to 
Aupport  the  accusation  of  art  and  part  against 
the  pannel  ? 

And  here,  my  lords,  I  do  n6t  propose  to  en- 
tertain your  k>rdships  with  a  nice  disquisition 
on  the  kw  of  art  and  part ;  &ufier  me  only,  in 
three  words,  to  ment'u)n  that,  so  far  as  1  can 
comprehend  by  the  law  of  2$cotlaud,  art  and 
]iart  is  inferred  from  circumstances  antecedent 
to,  concomitant  with,  or  subsequent  upon  the 
ftctual  Commission  of  a  criuic.  Now,  my  lords, 
when  1  look  to  the  indictment  before  me,  J  am 
able  only  to  perceive  two  facts  condct^ceiided  ' 
upon,  from  which  the  pannel's  accession  to  this  ' 
murder  is  to  be  inferred  ;  the  clothes  alleged  to 
be  furnished  by  the  pannel  to  Breck  before  the 
murder,  as  a  disguise  to  commit  it  in,  and  the 
ONNiey  sent  him  after  tlie  action,  to  enable  him 
to  go  oflf  tlie  country.  These,  1  say,  my  lords, 
are,  so  far  aa  it  appears  to  me,  the  only  two 
considerablo  circumstancea  to  infer  accession  : 
for  your  kirdahips  will  observe,  there  is  an  ab- 
aolate  blank  as  to  the  principal  neriod  in  which 
foak  oqght  to  appear,  the  actual  commiaaion  of 
tM  ertBie  |  al  kaat,  so  far  as  1  oan  gather. 
tk«»iB  Mi  OBO  oonooaitant  circumatance  al- 


leged against  the  pannel,  which  connects  with 
the  actual  murder.  And  as  for  the  circum- 
stance of  the  pannel's  sending  the  money  to  a 
certain  place,  where  as  would  appear  from  the 
indictment,  be  had  no  access  to  know  that 
Breck  was;  as  to,  that,  I  say,  and  some  ones 
of  lesser  moment,  which  I  likewise  take  notice 
of,  I  take  them  to  be  designeil  as  a  key  to  ex- 
plain into  a  connexion  with  the  murder,  the 
two  facts  already  mentioneil,  by  shewUig  a 
previous  knowledge  of  the  murder,  which  the 
tads  themselves  do  not  import,  and  yet  with- 
out which  they  have  no  weight.  Upon  these 
two  cardinal  facts,  then,  attempted  to  be  sup- 
ported by  the  other  lesser  circumstances,  in  my 
apprehension,  lies  the  burden  of  theprosecutora 
cliarge.  And  1  will  beg  leave  to  say  a  few 
worcb  to  each  of  them.   . 

But,  before  {larticulars,  give  me  leave,  my 
lords,  as  shortly  as  1  can,  to  make  an  observa- 
tion or  two  upon  the  nature  of  proof  io  general. 

And,  my  lordsi  1  think  it  is  a  common,  but  % 
well-founded  maxim,  derived  from  better  ao- 
thority  than  mine,  that,  in  proportion  to  tho 
greatness  of  a  crune,  ought  the  strength  of  the 
proofof  it  to  be.  The  higher  a  crime  is,  and 
the  deeper  it  draws  in  its  coosequeocee,  so 
much  the  clearer  and  stronger  ought  the  evi* 
dence  of  it  to  be  :  and  indeed  justly  ;  for,  I 
hope,  bad  as  men  are,  corrupted  as  humaa 
nature  is,  it  is  not  come  that  length,  that  vico 
is  natural  to  mankind.  1  rather  persuade  my- 
self, that  it  costs  some  pains,  by  rooted  habits, 
to  extinguish  the  sparks  of  reason,  which  are 
the  seeds  of  virtue.  Ilere  then,  my  kMrds,  is  a 
crime  of  so  enormous  a  size,  that  it  ia  almost 
too  big  to  believe ;  murder,  deliberate  murder, 
assassiuatiou  in  face  of  the  sun,  in  defiance  of 
all  law  aiul  government.  What  proof  should 
tlien  be  expected  of  so  monstrous  an  offence  ? 
That  one  should  sit  down  deliberately  and 
coolly  to  form  a  conspiracy  of  bereaving  ano- 
ther of  his  life,  in  so  horrid  and  barbarous  a 
uianner  ;  what  degree  of  flagitiosity  must  nut 
be  proved  to  suppose  one  capable  ot  it  ?  Sure, 
tliough  many  circumstances  be  brought  to 
establish  a  presumption  of  guilt,  yet  to  believe 
it  is  no  easy  matter.  Must  it  then  depend  upoo 
guess*  work?  Is  it  to  be  tried  upon  questiona- 
ble evidence  ?  or,  is  a  jury  to  be  persuaded  into 
it  by  art  ?  No,  there  must  be  the  most  |»al|iable 
and  iucontestible  proof ;  aud,  unless  the  evi- 
dence is  full  and  plain,  no  credit,  1  n  ill  venture 
to  say,  can  be  given  to  so  black,  so  detestable, 
und  so  unnatural  a  charge.  It  would  almost 
require  to  see  the  blood  of  the  innocent  reeking 
on  the  luinds  of  the  guilty.  But  w hat  have  wo 
here?  Preauroptions  built  upon  presumptions; 
siutpicioos,  and  these  suspicions  supported 
by  others ;  suspicions  without  ]»roof,  nay  dia- 
provetl.  We  have  first  to  get  over  the  belly  of 
a  good  fair  oharacter,  which  this  pannel  oad 
the  happiness  to  posaeaa,  a  blameless,  moral 
lii'e  io  private.*  And,shoold  he  all  at  once  have 

*  There  is  a  tradition  that  here  the  Lord 
Jmtice  Genenl  intanuptcd  Mr.  Mackintoih, 


S3] 


Jor  Murder* 


4m\aSbeA  to  far  fimiii  the  paths  of  Tirtae  ?  Coold 
be  to  nddenly  shake  off  a  regard  to  all  that  is 
Mcred  f  I  should  hare  expeOed  to  have  heard 
arfed  against  this  pannel,  theabandooed  disso* 
lotMiess  af  his  tnanners,  the  barbarity  of  bis 
uMvCythat  his  life  was  one  continned  course  of 
widwdatss;  ib  short,  erery  part  of  his  charac- 
Isr  dsfuHd  10  narder ;  that  be  was  one  inared 
ta  the  pradioe  of  it,  and  distioguished  by  the 
■on  ooiMiMimated  guilt :  yet  not  one  of  these 
cataiusta— ea  so  nioch  as  alleged  in  all  this 
ipnravatad  eharge;  and  for  a  good  reason, 
fB.  That  the  eoiitrary  is  well  kopwn  to  be  true 
by  (he  pmaeculars  themselves.  Next,  my  lords, 
wfaeo  we  eccfc  for  a  cause  of  such  a  malice  as 
ooold  pradoce  this  crime,  we  find  a  cause  that 
never  sufaaiBted ;  a  cause  noways  adequate  lo 
the  effect :  resentment ;  for  what  P  For  «e- 
oepliDg  as  office  which  somebody  most  have 
fp^  \  and  none  oould  have  made  a  more  favor- 
able vs«  sf,  for  the  friends  of  the  pannel,  than 
this  gcailensn  did :  (  for  which  reason  they  will 
he  pftwcd  to  have  been  in  good  friendship  long 
after  that ;)  resentment  for  tnniing  out  some 
tcnaals  f/om  an  estate  forfeit  to  the  crown  $ 
irreooeersMy  lost  to  the  family  with  which  the 
paneel  waa  eooilecteii.  This  is  the  foundation ; 
and  what  is  the  soperstractHre  ?  Of  a  piece  with 
k  truly.  Why,  the  murderer  had  on  a  coat  of 
the  psanel'a  when  he  committed  the  brutal  ac- 
IM,  and  got  money  from  him  atler  it.  Here 
b  the  proof;  a  circumstantiate  proof  it  is  called. 

Me  ferda,  I  have  no  objectkin  U>  circum- 
•teniiate  proof;  what  the  law  calls  argumenta- 
tive  evideiioe.  I  do  adroit,  that  it  is  a  legal  and 
■roper  sort  of  eridence,  as  much  as  direct  proof 
by  wiiacases.  Erery  thing  is  legal  evidence, 
that  is  iuefa  real  and  certain  proof  as  ought,  in 
meral  justice  and  equity,  to  be  receive<l :  for 
what  ia  evidence  of  a  fact,  hut  such  testimony 
■a  the  nature  of  the  case  requires  to  induce  a 
■eial  eartainty  of  the  thing  testified  P  And  an 
■iguiMat  ia  nothing  else  than  what  gives  faith 
trcradit  to  a  thing  in  itself  doubtful,  which 
psrfiKlly  agrees  whh  the  law  definition  of  proof 
sr  provmif,  which  is  fidem  facer e,  1  will  ad- 
mit further,  that  circumstantiate  evidence, 
wheo  clear,  is  perhaps  the  most  satisfying  and 
eaevioeieg  proof  of  any.  Circumstances  are 
iiitiiibli  proofs :  they  will  not  bend  to  the  in- 
rihsiion  w  parties:  wimesses  may  be  mis- 
lAea,  may  be  eorropted :  things  can  be  nei- 
te;  and  therefore,  so  far  as  they  go,  deserve 
sibMled,  oareserved  faith. 

Batthea,  my  lords,  the  circumstances  must 
kedsv,  certain,  and  well  connected  :  no  blank 
ii  the  ebaiDy  else  all  goes  for  nothing;   the 

J  with  moeh  vehemence,  that  a  fair  cha- 
r  aod  blameleM  moral  life  could  not  belong 
■v  nso  who  had  been  in  rebellion  against 
bag;  aed  that  Mr.  Mackintosh  in  the 
rmth  ef  the  osoment  represented  to  his  grace, 
Ail  it  HMght  he  very  difficult  to  say  how  many 
if  the  Afgyiea  had  been  in  rebellion  against 
iksir  kuM.  8ee  •  sole  to  the  deposition  of 
1>smM  C^MpheU  ef  Akdi,iothe  Proof. 
VOL.  XIX. 


A.  D.  1752.  [S4 

arguments  most  be  perspicuous,  nervous,  and 
conclusive.  The  same  law  that  has  said, 
**  crimina  posse  probari,  vel  testibus,  vel  docu- 
mentis  ant  indiciis,''  as  it  requires  "  idonei 
testes,"  BO  does  it  "  documenta  apertlssima, 
indicia  indnbitata,  luce  meridian^ -clariora.'* 
We  must  therefore,  my  lords,  carefully  distin* 
guirth  between  circumstsntiate  or  argumen- 
tative evidence,,  and  bare  presumption  or^ven 
probability ;  much  more  suspicion  and  con- 
jecture, with  all  which  it  has  a  near  affinity^ 
and  is  therefbre  apt  to  be  confounded  with 
them  ;  for  they  all  depend  on  facts  or  circum- 
stances. But,  says  our  i^eat  criminal  lawyer, 
sir  Greorge  Mackenzie,  crimes  cannot  be  proved 
by  presumptions ;  for  presumptions  are  only 
munded  on  verisimilitude,  and  what  may  be, 
may  not  be;  whereas  all  probations,  especially 
in  criminals,  should  be  infallible  and  certain  ; 
**  conclusio  semper  debet  sequi  debiliorem  par«. 
tem :"  If  otherways,  says  he,  jud^  (or  juries 
now)  would  be  arbitrary.  Probabilities,  again, 
says  a  good  reasoner,  twenty  of  them  alloweil 
to  be  such,  arc  not  equal  to  one  matter  of  fact 
well  attested  :  they  may  strengthen  the  fact, 
but  cannot  supply  it:  they  cannot  be  evidence 
themselves,  because  one  probability  may  be 
set  against  another,  and  so  mutnaJIy  destroy 
the  force  of  each  other:  and  as  for  suspi- 
cions and  conjectures)  who  will  pretend  a  right 
to  indulge  them,  where  life  and  fortune  are 
concern^  P 

Guarding  then,  my  lords,  against  these  things 
which  are  ready  to  mislead^  let  us,  and  let  the 
jurv,  my  lords,  examine  cautiously  and  can- 
<lidly  the  circumstances  I  mentioned,  on  which 
the  burden  of  the  indictment  lies  :  let  us  see 
if  they  approach  a  proof;  if  they  do  not  more 
|Mirticipate  of  the  nature  hardly  of  presump- 
tion, not  at  all  probability,  rather  simpicion  and 
conjecture ;  or  if  they  amount  to  a  solid  and 
suMtantiai  circumstantiate  or  argumentative 
evidence. 

My  lords,  I  mentioned  first  the  clothes : 
and  [lermit  me,  my  lords,  once  more  in  ge- 
neral to  obsoi've  upon  this  circumstance,  as 
itell  as  the  otiiers  that  follow,  that  1  do,  with 
great  submission,  apprehend  they  derive  their 
whole  weigiit  from  a  belief  of  the  pannePs 
guilt,  which  it  is  indeed  very  natural  to  enter- 
tain  from  such  circumstances  as  he  now  ap- 
pears in.  The  indictment  sets  out  with  laying 
down  this  crime  in  the  most  ugly  colours,  as 
indeed  it  jnstly  does  deserve  ;  and  then  sub- 
sumes, that  the  pannel  is  guilty  of  it ;  and  I 
venture  to  say,  that,  take  away  the  influence 
which  too  easy  a  credit  to  this  first  position 
gives  to  what  comes  a(\er,  all  the  circum- 
stances brought  to  support  the  charge  will  in 
a  great  measure  lose  their  force ;  so  that  the 
assertion  of  the  charge  is  the  very  thing  which 
supports  the  circnmstances  adduced  to  prove 
it,  than  which  nothing  can  be  a  more  false  cir- 
cle of  probation.  Prejudice,  my  lords,  is  liku 
a  jaundiced  eye,  or  a  magnifying  glass.  To 
the  first,  every  thing  ii  looks  at  appears  yel- 
low ;    and  the  last  to  appearance,  increases 

D 


85] 


15  GBORGE  n. 


Trial  of  James  Steooatif 


[30 


the  bulk  of  etery  object  to  which  it  is  applied. 
Jtut  so  prejudice  discolours  every  circum- 
stance,  turns  the  most  trivial  into  somethin{jf 
of  importance,  and  makes  what  is  in  itself 
indifferent,  a  proof  of  ^lilt.  Can  the  troth 
Qf  this  appear  more  vended  in  any,  tlian  it  is 
in  the  present  case? 

My  lords,  I  will  not  repeat  the  true  fact,  as 
your  lordshi^is  have  already  heard  it  opened, 
with  respect  to  the  clothes :  had  it  been  that 
Breck  had  really  received  them  from  the  pan- 
nel,  sure  that  of  itself  would  not  hare  proved 
the  pannePs  accession  to  a  murder  committed 
by  Breck  at  the  distance  of  so  many  days. 
But  has  it  any  weight  at  all,  this  circumstance, 
as  it  has  been  told  your  lordships,  and  as  it  will  be 
proved  to  have  in  fact  happened  ?  A  man  comes 
to  my  house,  and,  without  my  knowledge,  puts 
on,  and  goes  away  with  my  clothes;  and 
when  wearing  these,  a  murder  is  committed : 
roust  I  be  accessary  to  this  murder,  or,  must 
1  be  presumed  accessary  to  it  ?  Breck,  your 
lordships  hear,  was  in  iise  of  changing  his 
dress :  he  had  been  six  weeks  at  one  time  in 
Raonocb  with  these  very  clothes  ;  and  because 
be  has  them  upon  him  again  at  the  un- 
lucky period,  must  the  nannel  for  that  be 
guilty  with  him  P  My  lords,  we  have  heard  of 
Tillains  borrowing,  stealing  clothes,  assuming 
characters,  feigning  voices,  and  such  like 
things,  when  about  to  commit  crimes,  of  pur- 
pose to  deceive,  and  to  throw  the  suspicion  of 
guilt  off  from  themselves  upon  the  innocent. 
But  surely  these  are  dangerous  circumstances, 
and  would  need  to  be  supported  by  better  proof, 
before  the  lite  of  any  man  was  taken  away 
upon  them  ;  or  indeed  what  man  is  safe  ?  It 
will  not  avail  that  we  keep  ourselves  safe,  so 
long  as  it  is  in  the  power  of  others  thus  to 
brin;>f  us  into  danger.  Every  man  must  so  be 
at  tbe  mercy  of  others,  obd  those  of  the  vilest 
of  mankind.  The  libel  indeed  says,  the  pan- 
ucl  furnished  Dreck  with  his  clothes  ;  but  how. 
is  that  to  be  proved  ?  Did  the  pannel  give  him 
them  ?  No,  my  lords,  we  shall  prove  he  took 
them,  and  went  with  them  from  the  pannePs 
house,  when  he  was  not.there,  when  he  knew 
nothing  of  it:  But  though  he  had  known,  as 
he  did  on  former  occasions,  or  though  he 
bad  with  his  own  hands  given  them  to  Breck, 
would  it  have  been  proof  against  the  pannel  ? 
I  cannot  imagine  it.  I  might  admit,  that  had 
Breck  never  before  changed  his  dress  at  the 
pannePs  house,  hsd  this  been  the  first  time,  it 
mi<>^ht  have  been  a  circumsunce,  and  but  a 
Wi'ak  one  too,  from  which  to  presume  guilt 
a^^ainst  the  puuuel :  but  when  he  had  been  in 
use  of  doing  it,  does  there  from  thence  arise  so 
much  as  a  distant  suspicion  against  the  pan- 
nel ?  Whatever  effect  it  may  have  against  Breck 
to  presume  that  wicked  design,  which  I  shall 
at  present  take  for  grunted  be  soon  thereafter 
executed,  (lo  |iresuiue  it,  I  say,  against  him) 
that  he  i:hunged,  at  so  critical  a  conjuncture, 
bis  dress ;  yet  sure  it  cau  haie  no  influence 
against  the  punnci,  m  ho,  till  it  is  better  proved, 
cannot  be  supposed  privy  to  to  horrid  ao  under- 
2 


taking  in  Breck.  And  this,  my  lords,  puts  me 
in  mind  to  make  a  distinction,  which  I  should 
have  made  sooner,  that  is,  betwixt  Breck  and 
the  pannel.  And  I  must  call  upon  the  jury 
carefully  to  separate  the  parts  of  this  indkst- 
ment,  which  refer  to  the  one  and  to  the  other  ; 
for,  when  they  are  confounded  together,  one,  in 
reading  or  hearing  it,  is  extremely  apt  equally 
to  apply  the  effect  of  all  the  circumstances  to 
both.  The  indictment  has  so  chequered  them 
through  other,  that  it  costs  some  pains  to  dis- 
tinguish them,  and  lay  to  the  door  of  Breck^ 
and  of  the  pannel,  what  separately  applies  to 
each,  and  seems  to  support  the  different  chaig;es 
against  them.  To  shew  the  necessity  of  this, 
i  will  but  mention  one  paragraph  of  the  libel, 
where  this  c<)nfuKion  manifestly  prevails.  It 
is  there  first  said,  that  Breck  havmg  come  to 
the  pannel's  house  on  the  Monday  evening, 
James  Stewart  the  fmnnel  was  informed  by 
him,  (Breck)  or  by  his  son  Charles  Stewart, 
or  by  Fasnacloicb's  daughter,  of  G tenure's  mo- 
tions and  resolutions.  And  then  it  immediately 
follows,  *<  And  there,  afW  receiving  such  ad- 
vice, in  the  evening  of  the  same  day,  the  odd 
Allan  Breck  Stewart  laid  aside  his  own  clothes, 
&c."  So  your  lordships  see,  that  first  Breck 
is  said  to  inform  the  pannel,  and  then  Brock's 
receiving  such  advice  or  information  from  the 
panne],  (just  inverting  the  thing)  is  laid  down 
as  the  spring  of  Breck's  actions,  with  a  design, 
as  is  plain  to  extract  guilt  against  the  pauuel, 
from  nis  giving  intbrmatk>n  to  Breck,  which 
produced  his  action,  when  it  was  truly  Breck 
himself  that  informed  the  pannel,  as  the  in- 
dictment first  asserts.  This,  my  lords,  may 
be  an  inaccuracy  in  wording  the  indictment ; 
but  it  is  not  for  that  1  observe  it:  I  mention 
it,  that  the  jury  may  see  how  carefully  they^ 
must  consider  and  weigh  every  branch  of  this 
complex  charge,  as  being  heedless  to  one 
branch  or  circumstance  mav  have  bad  effect. 
And  surely  it  is  evident  in  this  particuhir,  that 
the  weight  of  the  circumstance,  as  laid  agaiatt 
the  pannel,  wholly  flies  off  by  a  just  attentkm 
to  the  erroneous  connection  of  the  fact  as  nar^ 
rated. 

There  is  another  circumstance  of  the  indict- 
ment, which,  though  it  does  not  fall  so  directly 
within  my  present  view,  1  cannot  omit  taking 
notice  of  it,  as  it  comes  across  my  thought ; 
it  is  as  to  the  iiannePs  behaviour,  when  the 
murder  of  Glenure  was  first  notified  to  him  by 
Glcnure's  servant.  It  is  said  the  pannel  ap- 
peared noways  surprised  or  concerned.  Alas ! 
my  lords,  what  such  proof  of  guilt  is  this?  We 
have  seen  doubtful  actions  by  the  help  of  in- 
nuendoes construed  criminally  ;  but  to  give 
that  in  evidence  which  was  neither  said  nor 
done,  to  construe  silence  into  ^ilt,  is  entirelv 
new  ;  and  the  author  of  this  invention  will 
deserve  the  ^lory  of  the  discovery :  this  is, 
indeed,  to  conjure  one  into  a  crime.  My  lords, 
I  could  venture  to  invert  the  proposition,  if  the 
gentlemen  please,  and  maintau,  that  a  cuotrary 
behaviour,  to  any  remarkable  degree,  would 
have  becu  more  suspidouii  *  Tccmor  eti  aig. 


m 


Jbr  Murder, 


kit 


'  wm  ctt^ii/  or  in  the  words  of  the  f»raverb  of 
flsrowii  wmntry ,  Tlie  g:rcatcst  thief  cries  first,  fy, 
Bi0,  my  ftM^fti  ttie  fiict  is  dlflerent  from  what 
ilbllMlIlbeK  It  villi  be  nroved  to  yoar  lord- 
MptMiillM  jury,  that  the  pannel,  upon  re- 
cdvUgHiit  fiiiroe  of^  1  must  call  it  inelancboly 
ttcnn^  fXfirMeil  to  ihe  me^sengr«r  a  decent 
mnctrmwmA  rrp^,  thnngb  ItUle  did  he  think 
ai  tlm  lime,  ihat  his  hphaviotir  then  would  now 
be  iiUM^bt  toio  jiidgtnetit  agiin^t  him« 
Of  th«  Mtoekttid  with  this^  niy  lords,  is  an- 
ciieiraixUnoe,  which  I  reiiieraber  in  the 
I  (for  1  cannot  go  through  them  all  ;) 
UH  «  letter  of  the  piinnels  to  otie 
i^btwnrl*  reeling  to  the  price  of  intlk> 
*  eottlm,  my  lotdn^  it  is  to  me  myste- 
I  jflL  ivlHa  import  this  tetter  is  of  as  a  proof 
iQtfl  fM  patinel.  If  it  is,  that  the  subject  of 
led  to  he  ttctitioiiS)  that  we  shall  be 
Mt  lo  ft«yve  rtal.  But  what  connexion  has  it 
wilki  Uw  daai^  ?  I  own  I  cannot  fiud  it  out. 
Il  wmdit  iiiiifario  me  that  this  letter  must  suf- 
fer Mrlom,  4iid  not  a  tittle  of  it,  befbre  any 
tlsii^^so  krif|isee2ed  out  of  it  agaiim  the  |ran- 
wtL  ll^li  Qieiii  mind  of  a  saying^  of  a  gfreat 
yoi  fcry  wkleed  polilict;mt  cardmtit  Maeaniie, 
wli«  iesiid  t«  tiave  housted,  that,  if  he  had  but 
ImtloeB  of  e  tnmn^t  writing',  with  a  few  circum- 
ttvcn  alleAeil  by  witnesses,  he  would  cut  off 
■•y  aieii*!  Iimd  whtin  he  pleased.  Thank 
Gail,  we  ^Pe^tlie  in  a  climate  different  from  the 
pootiff  ruled  iu  :  at>d  1  hope  we  do  not 
i  in  Mood  so  much  aa  to  adopt  bia  cruel 

Tbioe  tllifigt,  roy  lordn,  I  hnre  ibrowo  out 
If  file  woy  ;    but  aa  to  what  I  wsm  itpon,  the 
^^^■rtUoeie  of  the  ctotheii,  t  ahnll  onl^  add, 
I  aa  il  la  in  truth,  it  aptieara  of  no  weight  at 
\  mo4  bad  tt  lieen  nn  m  the  indictment,   t 
thought  it  a  circumstance  gretitly 
I  alender  to  build  any  ibiog  upon, 
roftly  ttt<-n  rfiTtaitis  tlie  other  circum- 
iq'  -^  (licb  ia  posterior  to  the 

iilrcndy  hait  nccn^iion  to 
e,  I  «a  oiii  aiicover  a  concomitant  circuru- 
_  td,  utleix  ibe  arms  be  pointed  at 
fee  tkia  fiiripose  ^  a«  I  ob<ierte,  there  are  twn 
fiOB  meiitiQ^ed  tti  the  list  nf  evidence^  im  found 
HMukd  if^jvr  i»u  fknriners  hotise,  and  which 
foaibly  U>«'  ^   will  attempt  to  pruve 

halianrbern  ■  icb  the  indictment  says 

Ifitfc  hmd  kruiight,  m  rriusrd  to  be  brought  to 
iboyUce  of  the  mnTr|*»r,  Were  any  tbinj^^  of 
Mli  lie  pf (  '  ill  tairly  adfUU  it  would 

|p  tiir9if*f  f  re,  as  it  is  one  of  these 

^'  iVf  points  out  ;•  Opem 

•'•  patralo  non  inlerfucril, 

*famitrc-nta  >  i     Hfuniodaverit, 

*lrti>icii)o»  Liet*     Out  I 

•PtwS  tlnni:: Ilk'  this 


i.»  ,  ihUi.     1  iUnik  it 

h  fPftitiBolile  ih'  r  wiiuld  carry  bii 

■■■  w^b  h»m.  ,i  I  s  iirm  to  liii*  wicked 

fVfaae,     Ai  i^   found  conoe;ileiJ 

Wmr  the  pocirj  are  instructed  to 

iay,  tbcj  iwtrt  ui  thu  p«uoora  boium  »t  the 


H^  A.  0.  1752. 

lime  of  the  murder,  and  were  hid  ofler  it  for 
fL-nr  of  an  apprehended  search  for  aruis^by  tho 
iiiilifary  that  was  eicpected  to  come  into  the 
country. 

This  therefore  I  leave  upon  the  proof,  and* 
idialt  now,  in  a  word  or  two,  take  notice  of  the  ^ 
money  sent  hy  the  pannel  to  Breck  after  the 
njurder    And  here,  my  lords,  I  must  be  al- 
lowed to  observe,  in  the  first  place,  what  air  ^ 
George  Mackenzie's  doctrine  upou  this  [loint 
is.     Ilis  words  are,  sect.  7,  (tit.  Art  and  Part]  ' 
**  assistance  given  after  the  crime  is  committed, 
scarce  deserves  the  name  of  assistance,^'    And' 
cites  an  authority  for  this  opinion.     1  wilt  ad- 
mit, my  lords,  that,  if  this  pannel  did,  knowin|f 
Dreck  to  he  the  murderer  of  Gtenure,  admi- 
nister help  to  his  escape,  hy  furnishing  him 
with  money,  he  did  a  very  wrong  things  ;  per- 
haps was  i^uilty  of  an  offence,  which  the  law 
would  punisVi. — But  it  is  an  offence  quite  dif- 
ferent from  that  of  accession  to  the  murder.     Il  i 
is  a  species  of  crime  by  itself;  and,  as  my  ]ord.| 
advocate  has  not  laid  his  proseeutioH  for  that, 
we  have  nothins^to  do  with  it.    At  the  same^ 
time,  my  lords,  however  wrong- such  a  conduct*' 
(nio^ht  have  been,  yet  it  could  admit  of  an  ex* 
case.     Your  lordships  have  heard  this  Breck 
was   the  pa  Duel's  relation.     He   had  been  hif 
pupil,  broui^ht  up  in  his  family  till   he  went 
into  the  king'a  service  as  a  soldier;    and  we  all 
know,  my  lords,  the  strengjth  of  compassion  on  ' 
such    occasions,  especially  to  our  friends,  it  ^ 
would  perhaps  be  hard  to'punish  tor  it,    Th«' 
worttile^sness  of  our  relatione  does  not  at  once 
dissolve  the  ties  of  nature  ;  none  of  us  can  be 
sure,  but  we  may  have  a  wicked  sou  or  a  hro* , 
ther;    and,  in  a  case  of  this  sort,  it  would  ho' 
natural  to  wish  to  help  him  out  of  tl^e  way; 
perhaps   it  would  be  wrongs,  hut  such  is  ilie 
known  force  of  natural  ties,  and  it,  at  least,  les« 
sens  the  crime.     However,  here,  my  lords,  the'j 
case  does  not  apply  ;  for  we  absoliit*ly  deny, 
tlitit  the  pannel  knew  any  ibin^  of  Breck*i 
l^uilt  ;    and    »uch    knowled^'e   can   never    be*] 
presumed;    he    knew   the  situation    he   wai'j 
lu    as    a    deserter,    and    the    hazard     of   it,  ' 
wlien    tho    mihtury   were    cominsr    into   the 
country  to  innke  o  search  :  and  to  be  sure,  bad' j 
tie  been  calcheit  by   the  military,  tliey  would 
have  saved  your  loidahips  I  tie  trouble  of  tryio^ 
him,  aupp4ising'  him  to  l»e  i^uilty  :  a  court-mar- 
tial would   have  made  short  work  with  him, 
unless  it  hud  tieen  (as  likely  it  mi^bt)  ibov'i^ht 
more  for  the  end  of  publi'c  justice,  to  mo  1*0  • 
him  suffer  for  so  fla^ant  an  offence  as  this, 
than  to  hang  him  as  a  deserter.     It  was  (br 
this  reason,  my  lords,  and  not  tVom  any  know« 
ledge  of  his  guilt,  that  the  pannel,  upon  Breck*s 
message  to  that  puqiose,  as  your   InrdHliips  I 
have  heard,  sent  him  the  money  to  enable  bintl" 
to  get  otr  the  country,  and  go  where  bin  bust* 
uess  called  him  ;  bis  business,  I  say,  roy  lords  ; 
but  at  the  same  time  1  call  it  his  il)ei)fa{,  hii  [ 
unnatural  business,  us  an  enemy  to   his  coun-  < 
try,  and  a  traitor  to  his  king»     And  as  to  the 
circumstance  which   I  formerly    noticed,  as 
teodiiig  to  t>oiut  uuiihe  ptun  el  *§  previous  kuow- 


3t)] 


25  GEOHGE  II. 


Trial  qfJwMt  Slemart, 


[40 


Icrft^e  of  Breck'g  motions,  by  his  knowing 
'  where  to  seud  the  money,  4hougli  be  bad  no 
accesd  lo  see  Brcck  after  the  munler ;  as  to  this, 
]  say,  my  lords,  your  lordships  see  no  stress 
can  be  laid  upon  it,  when  you  have  heard  that 
it  was  by  a  me«Mgefrom  Breck  that  the  pannel 
learned  bis  motions :  so  that  still  s<imeibing  is 
desiderate  here,  whereon  4o  fix  that  circaro- 
stance,  upon  which  alone  depends  the  paii- 
nel's  accession,  to  wit,  his  foreknowledge  of 
the  murder. 

My  lords,  1  liare  finished  what  occurred  to 
me  on  the  circumstances  of  the  indiotnoent ;  and 
I  am  unwilling  to  weary  your  lordships. 

I  forbear  entering  upon  the  booman's  con- 
versation with  Breck ;  that  is  but  one  roan's 
story  of  what  another  said.  It  is  but  hearing  a 
hearsay,  or  rather  less ;  and  I  know  no  law, 
no  rule,  it  rather  seems  contrary  to  all  rule  of 
<;vidence,  that  one  should  suffer  for  what  ano- 
ther said  of  him ;  and  that  the  very  guilty 
person,  as  is  here  supposed.  If  he  did  say  so, 
It  might  .be  to  throw  the  suspicion  off  himself 
with  the  better  grace :  but,  be  it  as  it  will,  it 
can  be  no  evidence  against  the  pannel. 

There  is  but  one  oilier  thing  in  the  indict- 
ment, which  we  have  to  finish  this  doubtful 
evidence,  if  it  can  be  called  so  much,  and  that 
is,  the  threatenings ;  but,  as  they  are  libelled  in 
general,  I  cannot  argue  upon  Uiem ;  nor  has 
the  pannel  any  opportunity  to  disprove  them : 
they  must. therefore  be  left,  till  the  evidence  is 
concluded. 

My  lords,  I  have  said  what  I  could,  from 
such  helps  as  were  in  my  way,  upon  the  nature 
and  import  of  this  sort  of  evidence  which  is 
now  betbre  us.  1  shall  only  say  further  on  it, 
that  this  sort  oi'  evidence,  when  imprudently 
handled,  may  be  resembled  to  the  monstrous 
machine  fiir  making  bavock  of  enemies  which, 
when  invented  by  a  subject,  was  wisely 
smothered  in  the  birth  by  the  governor,  lest, 
however  convenient  it  might  be  when  used  for 
him,  he  mi»ht  come  one  day  to  regret  the  in- 
vention, when  he  found  it  applied  against  him- 
self. And  as  to  this  particular  case,  I  take  it, 
that  ev^ry  individual  circumstance,  as  laid  in 
the  indictment,  so  far  as  we  know  of  it,  will  be 
unsupported  with  evidence ;  that  all  pnt  toge- 
ther do  not  amount  to  the  char^.  I  think 
there  are  no  grounds  tor  any  private  opinion 
of  the  pannel's  guilt,  but  wha^t  arise  from  pre- 
judice only.  I  think  prejudice,  or  even  opi- 
nion, has  nothing  to  do  with  judicial  proceed  • 
itigs.  It  is  the  judgment  that  must  acquit  or 
condemn  ;  and  that  must,  can  only  be  founded 
OQ  eviflence,  on  proof,  not  on  suspicion  or  pre- 
sumption. 

I  shall  now  take  the  liberty  to  read  to  your 
lonleiliips,  and  the  jury,  the  words  of  a  great 
criiniual  writer  on  the  common  law,  when 
treating  on  the  subject  of  argumentative  evi- 
dence. Math,  de  Crim.  ad  Tit.  15,  Cap.  6. 
He  is  speaking  of  arguments,  and  taya,  "  Ar- 
gumentum  est  neceasariam,  cujua  conseqaen- 
tia  est  necessaria,  faluti  ooivisse  eam'qna 
pcperii;  contingeoiy  cojut  conacqueDtia  «l 


probabilifl,  veluti  csedem  fecisse  qoi  cruentalus 
esf  Then  be  adds,  "  Contingeutia  argu- 
menta,  quamvis  tinguk  fid«m  uon  faciaat, 
plura  tamen  ooi\juucta  crimen  manitestare  pos* 
sunt.  Hsec  ap|f^lantur  pnesumptiones ;  pne- 
sumptio  eoira  nihil  aliud  eat,  quam  argumen- 
tum  verisimile  ooramuni  scnsu  peroeptum,  ex 
eoquod  plerumque  fit,  aut  fien  intelligitur :" 
And  be  gives  the  following  example  of  an  surgo* 
mentative  evidence  which  may  oondema, 
which  I  beg  the  jury  wjll  attend  to,  "  Ocoisus 
est  kaleodii  Mcevins ;  Titiiia  perenapti  inimi- 
cus  fuit  eidem  seepiua  nen  solum  interminatus, 
sed  et  inaidiatua  est:  cum  deprebenderetor 
iisdem  kalendis  in  loco  ccsdis  cruentalus  cum 
gladio  oraento,  ad  meosuram  vulneris  fiuito, 
toto  vultii  expalhiit,  interrogatus,  nil  respondit, 
trepida  fugit.  Hie  singula  (says  our  author) 
quidem  ar^menta  infirmiora  sunt,  nniverta 
tamen  oedis  auctorem  Titium  evidenter  design 
nant."  And  I  most  heartily  aj);ree  with  tha 
doctrine,  and  shall  leave  it  to  the  jury  to  judge, 
how  far  the  proof  brought  against  the  pannel 
comes  up  tothisstandanl. 

1  shall  conclude  with  laying  before  the  jury 
'the  words  of  a  great  jud^  and  lawyer  of  our 
own  country,  on  an  occasion  somewhat  siniUar 
to  this.  It  is  part  of  my  lord  Cowper's  speech 
upon  the  bishop  of  Rochester's  trial,  where 
the  evidence  depended  on  ctrcunistanoes,  as  U 
does  here.  His  lordship  says,  ^*  The  wisdom 
and  goodness  of  our  Uw  appears  in  aotbiaif 
more  remarkably,  than  in  the  perspicuity,  cer- 
tainty,  and  clearness  of  the  evidence  it  requires 
to  fix  a  crime  upon  any  man,  whereby  his  life, 
his  liberty,  or  his  property,  can  be  concerned  : 
herein  we  glory  and  pride  ourselves,  simI  are 
justly  the  envy  of  all  our  neighbour  nations. 
Our  law,  in  such  cases,  requires  evidence  so 
clear  and  convincing,  that  every  by-stander, 
the  instant  he  hears  it,  must  be  fully  satisfied 
of  the  truth  (and  certainty)  of  it.  It  admits  of 
no  surmises,  innuendoes,  forced  consequences, 
or  harsh  constructions,*  nor  any  thing  else  to 
be  offered  as  evidence,  but  what  is  real  and 
substantial,  according  to  the  rules  of  natural 
justice  and  equity."f 

These  are  my  lord  Cowper's  words  as  we 
have  them  given  us.t  ("  It  is  very  true,  tlie 
judgment  of  the  House  of  Lords  went  against 
his  lordship's  opinion  in  that  question ;  but  I 
must  presume  that  the  judgment  of  thai 
august  assembly,  though  against  his  opinion, 

{iroceeded  upon  the  principles  established  by 
limself ;  and  though  it  had  been  otherwise,  the 

*  Lord  Bacon  says,  "  Judges  must  beware 
of  bard  constructions  and  stnuned  iui'erences ; 
for  there  is  no  worse  torture  than  the  torture  of 
laws."     Fo.  Edit.  vol.  1,  p.  440,  441. 

f  See  New  Pari.  Hist.  vol.  8,  p.  338. 

I  *«  Here  the  D of  A said  to  Mr. 

Macintosh :    *  But  that  opinion^  Sir,  was  over- 

*  ruled ;'  to  which  Mr.  Macintosh  answered, 

*  It  is  very  trae,my  lord,'  &c.  as  w  the  paren- 
thesis.'*   Supplement  to  the  Trial  of  Js 
SlewMrt 


*l} 


for  Murder^ 
wmilil  KtiU  he,  ^otHi^  as  reaXMMiij^  is 

1  niAjf  ;    iidopt  what 

MDfttMi'i  >     Mu  Ihttt  occa* 

I,  Wk  Mlo«v*^  '■*'  In  th^  m^  below  you,  the 
tm  baill  u^ioi)  circumstitnces,  au<l 
llM»B«iv«Htl  to  b«  tappnrteiil  by  other  eircuin* 
iM09i«t  Uil  all  of  tbem  are  to  rctaote,  so 
I  1  mAy  «Av  90  inoOeusive,  that 
•«it  miiy  hni  tiere.*'  1  think  the 
chargetl  against  the  paum-l 
ftMt  Ml  may  «m«  lier«. 

■y  latiK  I  liftf  iiartlofi  for  saying'  so  mucli ; 
I  liii^%4Mr  |«»riuiiip&i%ill  excuse  it^  for  tiie 
niuai  i  fm*r  •-  ♦'■^  rntry.  I  «iUall  only  fur^ 
iImt  «|i||  tbi'  '  t  is  now  on  trial  for  his 

Wit  I  iManr  I  n  1111:01  i^nre  ;  he  pleads 

\«t  Gflilly  i^  '   it  is  the  ati- 

■ffrr  •!  eT<t;  a  give  bmi  a 

tCMd  dttlmtwice  1  Aod  tl  he  tails*  jet  it  be  as  a 


%o  iHilice*  to  expiate  fruilt^  an<l  purge; 


not  as  a  victim  to  the  bUoU 
ftvjr  «f  hit  cocmies,  or  tiie  rage  of  the  de- 
crmmi^tfkuh^  to  appear  popular  prejudices, 
«r  HHTfliMiiiii  ckmour  aud  outcry. 

5Ir.  Frascr,  against  the  Pannel* 

Mj   tiOfid  J Ofldee- General ;— I    appear    at 
far  Mtm,   Campbell  of  Gleoure,  and 
ebildreo,  against  Jaotes  8t ewarti 
iIm  fiiiKMel,  accused  as  s^uiltVi  actor,  art 
m  liMc  mttrder  of  Cotin  Campbell  of 
If  mBiitrder  ag^gratated  by  itg  being 
1  ffmm  a  titatlcious  hatred  and  resent* 
Mr.  Campbell,  ou  ac- 
tlif  l!bi'  (  schars^e  of  bis  duty  id 

kiaim^adlo  bim  by  iiis  majesty. 
Tim  orioKf  my  bird,  im  in  itself  so  horrid^ 
n4  ha  ^kmpftmnt  inslaoce  t«  Htteoded  with  ag- 
]  ^rcoiOMancea  of  «ucb  au  extraordi- 
Mry  wMtum,  aa  must  rouse  the  indignatioa  of 
crarv  »f  thy  fiirQib«r  of  Bt>clety,  and  call 
hiaAf  §»  ill*  moat  Bevero  and  exemplary  pu- 
liiteHil.  Mordflr  baa  always  been  looked 
m^  tdp  IB*  af  the  moat  heinous  crioiei ;  but 
kaO  otiI^bmI  cMwotries^  at  all  times,  that  base, 
I  species  of  tiMirdar,  assaaaiiia- 
M  in  still  i?reac«ri  as  more  de- 
: — what  than  muat  be  the 
•f  ibat  mao^s  Squill,  who  deliberately, 
il,  in  col4  blood f  duno|f  times  of  full 
I  HMt  in  tb«  BDoat  contemptuous  desfiite  of 
coromits  this  most  treacherous 
I  abbtirreii  of  all  murders  !  Heavy  as 
llfii  laad  isT  Qtult  is,  1  am  mirry  to  say,  my 
M,  H  (Am  with  iu  utmost  weii^lit  upon  the 
pMMiriioir  bvfore  you;  which  renders  this 
M  of  mat  iai|iorUri<  >  '  inl, 

bi  of  tull  grcalM-  to  «  »1. 

lfaaBMMM,etpalila,  ii>  .v;;^"  v*^uti 

inali<:e  con- 
fa  their  btvts^  1  .  :.;  u.>,  lor  days:  if 
mA  mm  MwfftmA  te  go  tiapumtheil,  who  01  us 
4ii«slb«  whaii&dividflul.  hovv4:>v(>r  inoooent, 
iiwiv %€■«•«  hiM^e?4 1  rlv  iniiiled  to 

#•  fMhHo  ps«vltcti«ci  1   i  4,  I  hi«|ie,  my 

My  wtt  an  Mil  of  grsAlifr  itii|»ortaiice  than  th« 


ii«.hi»bMb«1 


A.  D.  1752.  [4S 

aafffty  of  individuals,  the  interest,  the  hoaotit  ] 
of  Uiis  country  is  very  nearly  coDcerned^  uot  to 
suffer  the  most  during  aud  hare^f^ced  insult  t#  | 
be  offered  lo  his   uiajvsty'a  auth<j*ity  and  go*  < 
vernment ;  aod  offered  «it  a  time  wheu  we,  i^\ 
common  with  hi&  majesty  ^s  other  subjects,  ana 
reaping  the  fruits  ot  his  mo^t  lienign  reigo  :  I 
say,  my  lord,  our  interest,  our  bottour  is  cod*  | 
cerned,  not  to  suffer  this  without  endeavourtof  j 
to  wipe  off  the  stain  from  the  country,  to  shei»  ] 
the  king,  and  to  shew  the  world,  that  this  isJ 
ilic  bloody  deed  of  one  or  two  iiickcd  and  dea*  [ 
perale  men ;  a  deed  which  the  country  ahhorsiy  ' 
and  which  it  will  not  suffer  tu  go  unpnoished. 

The  gentleman  who  opened  the  defence,  my  J 
lord,  has  been  (is  good  as  his  word,  and  ha9  I 
given  indeed  a  plausible  accoiuit  of  this  affair}  , 
which  mukes  n»e  think  it  necessary  to  lay  be*  ' 
fore  the  Court,  as  distinctly  and  aj»  concisely  afl  | 
I  can,  that  Rtate  of  the  facts  which  there  is 
greatest  reason  to  believe  the  proof  will  ssi« 
blish.  And,  in  doing  so,  I  hope  to  give  yo^l 
tord'ibips  a  more  just  view  of  this  extraordinarj  T 
case  ;  and,  at  the  same  time,  to  be  of  some  nm  I 
in  lending  the  gentlemen  of  the  jury  to  tboait] 
parts  of  the  proof  wbicb  deserve  most  their  at*  j 
teiition. 

Tlie  pannel,  James  Stewart,  my  lord,  is  Iia4  ^ 
tural  brother  to  Mr.  Stewart  of  Ardshie),  wbo  J 
Gominauded  the  men  of  Uxai  name  that  wera] 
engaged  in  the  late  rebellion,  and,  by  means  ofl 
that,  Ik;  ac<iuired  tlieir  affections  and  attach*  J 
ment.     When   Ardshiel  was  obliged  to  laafil 
the  country,  his  brother  (the  pannel)  set  hiiii«>] 
svlfatthe  head  of  the  family  iolerest ;  and  i|] 
not  ap|teann|^  in  tliat  part  of  the  world  a  forced  1 
transition,  he  was  ullowed  to  take  this  authority 
upon  him.     in  a  short  time,  therefore,  he  cam«bl 
to  he  a  leading  man,  and  to  have  the  chief  m^ 
fluence  over  the  common  people.     Such,  my  I 
lord,   was  the  state    of   that  corner    of   th«  | 
country  in  the  year  174y»  wbeu  Mr.  Campbell  ^ 
of  Oleiiure  was  appointed  facir>r  for  his  am^i 
jesly  upon  the  ««tate  of  Ai-dshiel,   and 
other  forfeited  estates  in  that  neighbourhood!  j 
James  Stewart  soon  foresaw  how  much  thia 
^ctory  must  interfere  with  the  plan  which  ha 
had    laid,    aiul    with    the   interest   which   ha 
wanted  10  eslablisb ;  Glenure,  the  re  tore,  very  I 
early  became  the  ot^ect  of  his  ill- will*     But  it  | 
did  not  lonsr  rest  there;  for  in  the  year  175li 
Glenure    having^,    in    consenueucc   of   ortlers  ^ 
from   the  barons  of  exchequer,  caused   Mn 
Stewart  tu  be  removed  from  the  farm  which  ha  i 
poiseseed  unon  the  Ardshiel  ei^ale,  what  wn§  | 
before  but  ill-will,  was  now  turned  into  hatrnl 
aud  resentment.     This  led  him  lo  oppoea  all  | 
Glenure's  measures,  and  particiilairly  Ui  f4ay  | 
the  volunteer  in   the  service  of  b4i 
tenants  upon  the  saioe  estalai  whew 
was  about   to  remove  at  tha  QOaain^  lemv^J 
for  this  [impose,    he  tfcpaired    in  person   to 
lulinburKh,    and,   in  name  af  Ibose  teoanU,  | 
thotH?h  without  the  smallest  eomaiiision  or  ai>* 
ihority  from  them,  made  be  prcaeitted  to  th« 
larda  of  session,  a  bill  of  sospension  of  Ihe  in.  \ 
teniled  removal,  and  oblaified  a  silt  af  < 


43]  25  GEOEGE  II. 

Imb;  this  list  he  prcrailed  ofOB  the 
iotioMte  10  deaare,  who  wat  pot  to  the  trooble 
aod  eipeooe  of  a  jooniey  to  Edinborgb,  be- 
ibre  be  ooold  hate  tbe  gfomidleM  bill  of  too- 
pentioo  OMwered ;  wbwb  was  indeed  all  that 
waa  aeceaiiry  m  order  to  make  it  be  refosed. 

Mr.  Stewart,  mj  lord,  little  aatisfied  with 
tbia  mMocoeatfal  attetDpt,  which  ooofinned 
Gteonre'a  iofloenee  at  the  expeooe  of  hia  own, 
and  finding  himself  forced  to  quit  the  eoimtry, 
and  to  abflAdon  his  fa? oorite  plan  of  popabuity, 
formed  a  most  desperate  scheme  of  rerenge, 
IH>  less  than  a  plot  to  take  awav  the  life  of 
Glenare  in  the  basest  manner.  In  punuaDce 
of  this  scheme,  be  was  at  pains,  over  all  tbe 
eomitry,  to  represent  61enure*s  conduct  in  tbe 
most  disadvantageous  light;  and,  when  he 
thought  there  was  a  geiml  odium  raised,  he 
had  recourse,  in  a  more  particular  manner, 
to  those  in  whom  he  could  most  certainly  con- 
fide, to  those  who  were  most  easy  to  be  stirred 
up,  and  most  inclined  to  any  desperate  deed.* 
Iiifierent  sets  of  such  men,  my  lord,  he  as- 
sembled at  different  tiroes,  and,  after  expa- 
tiating against  Glenure's  ill  conduct,  be  used 
all  his  art  to  convince  them,  that  it  was  their 
duty  to  free  the  country  of  what  he  was  pleased 
to  call  Glenure's  oppression  ;  telling  tbem,  that 
be  bad  once  seen  commoners  in  Appin,  who 
would,  long  ere  then,  have  stopped  bis  career ; 
and  that  he  could  assure  any  of  tbem,  who  was 
hardy  enough  to  undertake  it,  a  certain  escape 
to  France,  and  a  handsome  pension  aftenvanb ! 
By  those  methods,  my  lord,  Mr.  Stewart  used 
Ins  utmost  endeavours  to  stir  up  some  hot- 
heade«l  ruffian  to  tbe  execution  of  hia  plot! 
but  his  endeavours  were  long  used  in  vain,  till 
at  length  Allan  Breck  Stewart  was  thrown  in 
his  way,  a  man  marked  out  for  such  a  pur- 
pose ;  a  deserter  from  our  service  to  that  of 
tbe  Frepcb ;  one  who,  in  both  countries,  was  a 
man  of  des|ierate  fortune,  but  who,  in  this,  bad 
not  only  lost  all  title  to  the  protectiou  of  the 
law,  but  was  become  obnoxious  to  its  severest 
penalties.  This  man  James  Stewart  imme- 
diately laid  hold  of  and  cherished.  It  was 
easy  to  atir  him  up  to  reaentment.  To  him 
therefore  he  communicated  tbe  whole  of  his 
design,  ai»d  with  him  he  concerted  the  execu- 
tion of  it.  Allan  had  nothing  to  lose ;  there- 
fore it  was  determined  he  should  be  the  actor, 
whilst  James  should  lie  by  to  protect  him,  and 
to  turn  the  mischief  as  much  as  possible  to  his 
own  advantage.  Happily,  my  lord,  keenness 
and  resentment,  as  usual  in  crimes,  got  here 
the  better  of  caution,  not  only  with  Allan,  but 
even  with  the  more  aagacious  Jamea ;  for,  in 
tbe  midst  of  their  moat  cunning  contrivances, 
they  could  not  refrain  from  uttering  such 
atrong  and  particular  threata  against  Glenure, 
as  immediately  pointed  them  out  for  tbe  objects 

*  This  I  ooqjecture  to  be  the  passage  re* 
ferred  to  in  the  observations  aubioined  to  the 
tl'a  dyfaig  deolarationa  in  the  *  Supple- 
tft  the  Trial  of  Jamea  Stewart,*  and  in- 
Mrttd  at  thi  end  ofthif  CMS. 


Trio!  ofJamet  Siewart, 


[14 

\\  soapicioB.  Both  of  them  have  many 
times  threatened  him  with  death,  and  both  of 
tbem  have  even  gone  beyond  general  lenns; 
for  Allan  declared  be  ww'tUi,  on  tb*  nn»t  occa- 
aioD,  shoot  him  as  be  wooki  a  b  ack  cock ;  an 
expressioo  very  apphcable  to  the  tiase  manner 
which  he  afterwards  made  use  of:  and  Jaaiea, 
still  more  inveterate,  swore,  in  tbetiillness  of  his 
heart,  that  be  woold  shoot  Glenure,  even  if  he 
himaelf  was  so  disabled,  aa  to  be  obliged  to  go 
upon  bi.s  knees  to  a  window  in  order  to  do  it. 
These  are  instances  of  the  threata  which  they 
made  use  of,  which  first  pointed  them  out,  and 
which  miist  still  go  a  great  way  in  convincing 
every  thinking  n»an  tluit  they,  and  they  only, 
were  bis  murderers. 
In  cons4:qiienoe  of  the  last  resolutioo,  that 
should  act  whilst  James  stood  at  the 
helm,  Allan  hud  himaelf  out  to  ^ei  particu- 
lar information  of  Glenure^s  motions;  and, 
for  that  piirpoae  he  contrived  to  make  a  Tisit  at 
Faanacloicb,  tbe  very  next  house  to  Glenure, 
and  within  a  mile  of  it ;  there  be  remained 
upon  the  look-out  till  Monday  the  llth,  when 
Glenure  set  out  from  his  own  house  fur  Fort- 
William.  Upon  which  Allan  immediately  re- 
paired to  his  associate  James  to  communicate 
the  intelligence  he  had  got,  vis.  That  Glenare 
was  gone  to  Locbaber ;  that  he  was  resolved  to 
persist  in  removing  the  tenants  of  Ardshiel,  and 
was  certainly  to  return  for  that  purpose  before 
the  term-day,  the  15th.  Having  upon  this  in- 
formation cooaolted  together,  and  aettled  the 
plan  of  operations,  tbe  pannel  furnished  hia 
friend  with  a  dress  more  proper  for  what  he 
was  going  about,  giving  him  a  suit  of  his  own  - 
clothes,  a  black  short  coat,  trousers,  and  a  blue 
bonnet ;  and  thus  equip|ied,  beset  out  the  next 
momiug,  Tuesday  tbe  12tb ;  but,  knowing  that 
Glenure  might  possibly  not  return  for  a  day  or 
two,  in  order  to  avoid  suspicion,  he  made  a  tour 
among  his  relations,  going  first  to  Balladieliah, 
from  thence  to  Glenco,  from  thence  to  Callart, 
where  he  staid  Tuesday  night,  and  on  Wednes- 
day tbe  13th  he  went  Inch,  by  tbe  same  route, 
to  Ballacb^lish  ;  in  all  which  circuit,  be  waa 
at  hand  to  lay  wait  for  Glenure,  at  whatever 
time  he  should  return  from  Locbaber.  On 
Thursday  the  14tb,  when  there  was  a  moral 
certainty  that  Glenure  would  return,  (be '  hav- 
ing appointed  a  meeting  with  several  gentle- 
men in  the  country  of  Appin  that  evening)  Allan 
left  Ballachelish's  house  under  pretence  of 
fishing,  and,  very  soon  afler,  appeared  at  the 
ferry  of  Ballachelish,  by  which  Glenure  roust 
necessarily  pass,  in  his  way  from  Locbaber  to 
Appin :  there  be  met  tbe  ferry  *man,  and,  hasti- 
ly calling  him  aside,  inquired,  with  more 
tha6  ordmary  earnestness  and  anxiety*  if 
Glenure  had  passed  there  that  day ;  and,  being 
answered  that  be  had  not,  Allan  immediately 


*  It  is  observed  in  the  *  Supplement,'  that 
the  expresoiona  *  hastily,  more  than  ordinary 
•  earnestness  and  anxiety,'  are  not  supported  by 
the  evulenoe  of  the  ferrvman.  See  in  the  proof 
the  depoaitioa  of  Archibald  Mao  timet. 


45J 


Jut  Munler. 


As  D.  list. 


US 


mi  9f  tli#  \Mf  Unmrdi  tlie  faigli  grounds 

•Jbof  t  ill*  honm  ;  from  whence  bt  hail  a  view  of 

lb*eooiiiry  «fiMin<f,  t\n  boih  siiks  of  the  Loch, 

'  %  mil  fuavi^v  into  the  wood  of  Letter- 

In  tilts  wo<kI,  inv  lord,  it  was,  ihat  be 

loot  n  irui a  iH out  r  station  for  the  exe- 

coiiMi  of  ^  :ii ;  n  Httle  thicket, 

Mti*tiiiii|f  ^  '  1  few  paces  of  the 

kaffc»wijr«  ^^mns  *»ii*ch  every  traTelter  must 

mtammmf  mi»  ;    from  whence,  himself  un- 

wnm^  lie  «»itld  diitinctly  see  the  road  leadiuoj  to 

ib^lffrrj  of  BalUHielii^h  on  the  Lochaber  side, 

md  lb*  ro«4  oo  the  Appin  sidt%  leading  from 

i  10  Ibt  wood  of  Letter 0)0 re*     Here,  my 

,  hm  posted  himself  with  uoe  or  two  londed 

pffitMpii  for  the  purpose ;  and  here  he 

i  mtit  im  Mr.  Campbell  of  Glenure  had 

t  tlie  §Knjf  and  was  riding  along  the  road 

jCli  Ike  wood.     It  MAS  then,  my  lord,  that 

I  bffvdt  snztU  I  his  lon^  wished- for  oppor- 

wul  wlitrri  Gl^'imre  was   come   within 

ttMifdwetit  diuanee,  iU\%  ahaDdoned   assassin 

•boi  bafn  dfsd  tiith  to^o  balh}  from  behind  :  a 

fMOHtsrtlty,  US  it  was  hiirbartius  and  in> 

i!   m  di«i  of  which  there  ii$  hardly  an 

Bplettt  titis  part  of  the  kingdom,  whose  in* 

mti,  li»wi*Tef  rasli  they  may  be  to  brave 

dsoffffY  io  4n  open  manner,  have  never,  till 

'      I  cnuie  of  their  unworthy  country- 

braoded  witii  the  ignominy  of  base 

ranllY  ■Miiflitistion ! 

\  iMf  iOf^  tbtis  exccuteif  his  deadly  pur- 

I  ifOOMdist^ly  dtsappearrd,  in  order  to  he- 

'*  lo  the  concealment  provided  for 

■lliii^  m  hts  way,  afipra  liidden  manner, 

aairfnii^ht,  at  Ok'nco'])  house,  where  he 

III*  Isdy  and   hi  r  uon   that  Gleuure 

Pll  mor^rrr.^  z^nA,  w  iilmrn  any  more  conver- 

•*■••  ^^  an  a  consequence 

«f  •Iwi  >,  that  he  himself 

ii«Wi4^1y  to  Wiive  th«  country.     Soon 

ft,  br  arrWr^l  st  his  alio* red  retreat,  the 

fwf  K  ao,  thehabilation  of  the 

ti  •  converiiai Ion  which 

It  and  lli«  b<ntiii  i  !         !         "d  of  the 

'  m  m  mmv  than  he 

fto  luijj  titnirn-   njr,  rnier  faintly 

^  I  dmjriii;^  Itts  own  couccro  in  it,  he  told 

lis  iniBd  tbat  bo  was  sure  the  family  of  Ard> 

iMiiwoSd  lie  Riiii|irctiHl,  |uirticularly  James 

^twifl  oad  Kl^  ^nn  Alhn  :   nsln;^  thiMtemark- 

■•e  #spr««^  XT  oil  Id  be  no  fear 

•^  •b«»  if  I  MPS  did  not  betray 

(^•^  t*j|hec:i  /s»,  wiir%  he  feared,  was 

^■soMNi-tii  <  10  Ju«  fniher. 

Alltliip  wbtlttf  uiy  lord,  the  punnel  remained 
it  knsio  tiiMlMitfrb<»d  ;  and  whvn  the  accounts 
•*■#  9/f  Gh  '  "  I    and  every  body 

Hsimlbv  i»*  18  hoBtcnin^  to  |jfo 

lilMdt  oftn  iIh*  rnr|»*t ,  rir  rtf  v«»r  "ffc red  to  *tir, 
ii|,  be  wiMild  not  sutfi^r  any  one  ut  ht^  fiimily 

lifooe*rit       ^^'   -   -■  ' '    V    !  mher  thing's 

it  wjadi  !>'  "red,  but  the 

■Ml^viniii.i  ,  viof  bisatten- 

lvwib^mtr  v«o  closely  Itukeit 

■*i^  4llia  i/'  *  re  wns  a  Jiccesfiity 

^  Aiks*ft  Immg  kept  oui  of  the  way  at  any 


Ik 


rate ;  James  therefore  immediately  dispatdied 

Alexander  Stewart  nackman,  his  relation,  and 
a  person  in  whoin  ne  had  entire  confidence,  t^] 
Fort- William,  with  a  most  pressing  demand,  | 
as  he  himself  acknowledges,  for  money  to  sun-  ' 
ply  his  friend  Allan,  and  to  enable  him  to  make*] 
I  lis  escape  from  Justice ;  and  when  the  pack-  f 
man  returned  with  a  less  sum  than  was  ex-  ! 
pected,  James,  in  the  most  critical  juncture  of  I 
ills  own  affairs^  added  two-thirds  of  the  money 
which  he  had  for  his  own  support  to  the  sum' 
brou{^ht  from  Fort- William,  and  sent  away  tht 
faithful    nacknian,   with  ibis  money,  and  hia.. 
French  clothes,  to  Allan  Breck,  givini^f  particu*  I 
hr  directions  with  regfard   to  the  place  of  bie>^ 
concealment ;  a  circumstance  no  one  can  well  \ 
be  supposed  to  have  known  who  was  not  in  th«H 
secret,  who  was  not  originally   privy  to  Ujoh 
orime  for  which  he  was  obliged  to  have  recours0»l 
to  that  cotieealment.  i 

These,  my  lord,  are  the  facts  which,  I  ha?«' 
reason  tobi^lieve,  will  sooo  be  proved  to  your  | 
lordship,     The  {iTentleman  bas  been  pleased  t0 
express  bis  surprise,  that,  alVerso  strict  au  en* 
quiry,  this  should  be  all  that  is  made  appear;  | 
and  to  say  thai  these   facts  are  trivial,  and* 
not  relevant  to  infer  the  crime ;    but  1  cannol  < 
think  any  impartial  man  wbo  bas  read  tbe^ 
-ndictment  now  in  my  band,  will  join  intb«>J 
^fftitleman's  surprize;   on  the  contrary,  Ibe*^ 
reve  every  such  person  roust  join  with  me,  ia« 
thinking  no  small  praise  due  to  the  very  pro- 
per encouragement  and  assistance  of  the  crown, 
and   to   the  very   uncommon    diligence   and  . 
activity  of  the  private  prosecutors,  which  to* 
g'etber  have  been  able  to  throw  so  much  lij^hl' 
upon  so  dark  a  tbCene,     Your  lordship  has  beeti'| 
told,  that  the  tact!)  menttoacd  are  not  sufficient  « 
to  infer  the  crime  libelled.      I  need  hardly  ob- 
serve, my  lord,  that  such  crimes  are  particular!  j  ^ 
villainous  and  destructive,  fronk  the  hidden  and  < 
concealed  manner  in  whichthey  arecommitted,  J 
which   allows  of  no  defence,   and  too  often  | 
screens  from  punishment:    their  very  oatumfl 
does  not  admit  of  such  a  proof  as  may  be  eic«  j 
pected  in  other  cases ;  a  proof  by  circumstanoesl 
is  all  that  can  be  looked  for;    Indeed,  wheiif 
that  is  conclusive,  it  is  of  all  others  the  most  ^ 
convincing.     Witnesse«  may  be  prtlai,  tliejfi 
may  be  perjured  ;    but  a  closely   connected  - 
chain  of  circumstances  is  liable  to  uoneof  thosftH 
objections,     ^^w,  my  lord,  I  humbly  appro*  ^ 
beod,  no  chain  of  circumstances  can  be  stronger  J 
Dor  more  closely  connected,  than  that  whtcb  1 J 
have  just  bid  before  your  lordship.     You  se#  j 
a  discontent  rationally,  nay  probably  accounted | 
for ;  the  strongest  and  most  particular  tbre^ti  | 
following  that  discontent,  and  the  eommiisar" 
of  iht'  crime  as  immediately  fbltowing  tbe 
threats  ;    the  clearest  instance  of  the  **  maluati 
'*  mioatum,   et  damnum  secutum.''      But  i|| 
does  not  rest  here  ;  vou  see,  my  lord,  the  mur-  ^ 
derer  traced  from  Jay  to  day,  Irom   bourt^j 
hour,  from  place  to  plare,  to  the  very  day,  th«l 
very  hour,  almost  to  ihe  very  spot  Id  which  th^J 
tnnrder  was  committed  ;    and  you  see  his  aa* 
sociate  b  the  itiiGteit  conoezion  and  taUnaacy 


47] 


25  GEORQE  II. 


Trial  of  James  Stewart  f 


[48 


wiHb  huBy  cabelliDg^  in  private,  audi  farnishin^ 
bun  with  a  proper  drefs,  before  the  murder,  and, 
after  it,  famisbiDgf  him  with  dotbei  and  money, 
to  enable  him  to  fly  from  justice;  and  what 
deser? es  particular  attention,  von  see  his  asso- 
ciate minntely  acquainted  with  the  place  of  his 
concealment,  the  pbce  preiiously  pointed  out 
for  his  retreat,  and  the  murderer,  m  that  retreat 
where  be  thought  himself  in  safety,  expressing 
his  concern  for  his  friend  in  ? ery  remarkable 
terods,  in  terms  which  carry  a  strong  oouTio- 
tion  of  their  ffuilty  conspiracy,  bat,  at  the  same 
time,  sh«{W  the  cunning  with  which  they  were 
conscious  of  hating  contrived  it  I  cannot 
doubt,  but  your  lordship  will  think  this  a  chain 
of  circumstances,  more  than  sufficient  to  infer 
the  crime  libelled :  at  the  same  time,  I  must 
beg  leave  to  observe,  that,  in  such  an  indictment 
as  this,  there  was  no  necessity  of  mentioning 
any  one  circumstance ;  it  would  have  been 
•nmcient  in  law,  and  the  gentlemen  acknow- 
ledge it,  to  have  libelled  art  and  part  in  seneral 
terms ;  that  is,  that  time  and  place  libelled,  the 
crime  was  committed,  and  that  the  pannel  was 
guilty  art  or  part  of  that  crime.  Now,  if  my 
lord  advocate,  from  the  humanity  of  his  dispo- 
sition, from  a  desire  that  every  offender,  how- 
ever heinous  his  offence,  should  have  the  fairest 
trial,  and  every  opportunit;jr  of  making  his  de- 
fence ;  if,  from  these  motives,  he  has  given  a 
very  long  and  particular  indictment,  when  onl^ 
a  very  short  and  general  one  was  necessary,  it 
is  somewhat  invidious  in  the  gentlemen  or  the 
other  side,  to  turn  this  into  an  obieetion  to  the 
relevancy.  But  let  them,  my  lord ;  the  point  is 
fixed,  as  well  by  law,  as  by  uniform  practice ; 
and  therefore,  whilst  we  contend  that  the  cir- 
cumstances, as  particularized  in  the  indictment, 
are  fully  reh*vant,  we  at  the  same  time  hum- 
bly hope  from  your  lordship  an  interiocutor 
upon  the  general  point  of  art  and  part,  indepen- 
dent of  these  circumstances. 

It  has  been  objected  to  this  indictment,  that 
an  accessary  is  here  brought  to  trial  before  the 
principal  is  convicted,  which  is  attended  with 
these  bad  consequences ;  that  proof  must  be 
led  against  the  principal  in  absence ;  that  his 
greatest  enemies  may  be  produced  as  witnesses, 
and  the  proper  exculpatory  defences  mar  be 
omitted.  And  further  your  lordship  has  been 
told,  that  this  is  contrary  to  the  laws  of  neigh- 
bouring nations,  particularly  that  of  England, 
and  contrarjT  to  the  law  of  Scotland,  as  handed 
down  to  OS  in  the  books  of  lieg.  Maj.  Quon. 
Attach.  Stat.  Dav.  2,  and  sir  George  Macken- 
zie. There  might,  my  lord,  have  heen  some 
room  for  such  an  objection,  if  no  former  notice 
bad  been  taken  of  the  principal ;  but  f  can  hard- 
ly think  any  objectioa  will  be  ailmitted  in  the 
present  case ;  when  the  principal  is  indicted, 
wlien  every  legal  step  is  taken  by  the  prosecu  • 
tore  for  bringing  him  to  jaskioe,  and  when  the 
only  conviction  which  oar  law  admits  of  in 
aoeti  cases,  is  gone  against  him.  The  incon- 
tcttieocea  whicli  it  was  said  might  folk>w  from 
Ika  present  practice,  are  ftrifling,  compared  t» 


quence,  if  the  laws  altowed  not  an  accessary 
to  he  tried,  whilst  the  principal,  conscious  of  hui 
own  guilt,  dared  not  to  appear.  It  is  but  find- 
ing out  some  desperate  fellow  for  the  execution 
who  can  afterwards  be  easily  kept  out  of  the 
wa^r ;  and  the  most  inhuman  acts  mnstgo  un* 
punished,  the  most  abandoned  villains  may 
iaiigh  at  justice.  The  authorities  produced  in 
point  of  Uw  are,  no  doubt,  great ;  but  times 
and  circttOEKtances  derogate  from  the  greatest 
authorities.  If  what  sir  George  Mackenzie 
has  given  us  as  his  opinion  was  once  law,  it  is 
beyond  all  doubt,  bjjf  later  practice,  no  longer 
held  as  such ;  and  it  signifies  as  little  what  is 
the  law  of  neiffhbooring  nations,  as  what  was 
once  our  own  Taw,  if  custom,  the  justest  of  all 
legislators,  directed  by  common  sense  and 
equity,  has  now  enacted  the  contrary.* 

The  hardships,  my  lord,  which  it  is  pretend- 
ed the  pannel  underwent,  can  never  be  admit- 
ted  as  objections  to  this  indictment.  That  they 
may  not,  however,  leave  any  impression  upon 
the  gentlemen  of  the  jury,  or  even  upon  this 
audience,  I  shall  give  your  lordships  the  true 
account  of  what  are  called  hardships ;  and 
they  will  no  longer  appear  to  be  such.  That 
upon  which  most  stress  seems  to  be  laid  is, 
that  the  pannePs  wife  and  his  children,  who,  by 
law,  cannot  be  called  as  witnesses  against  him, 
have  been  precognooced,  or  judicially  examined, 
and  that  their  declarations  are  proposed  to  be 
produced  in  this  trial.  The  fact  is  true ;  and 
nothing  is  more  easily  accounted  for.  When 
this  murder  was  committed,  all  was  confusion 
and  ignorauce ;  and  every  method  that  could 
be  imagined  was  found  necessary,  in  order  to 
get  to  the  bottom  of  the  deep-laid  plot.  It 
was  at  that  time  that  James  Stewart's  family, 
in  common  with  aH  in  that  neighbourhood, 
were  called  before  a  judge,  and  examined  upon 
what  they  knew  of  Glenure's  murder :  it  was 
more  than  probable,  that  some  one  of  that 
country  committed  the  murder,  and  that  many 
in  that  country  were  in  the  .secret  of  it :  but 
when  these  people  were  examined,  neither  of 
these  acts  of  guilt  was  charged  upon  any  par- 
ticular person :  Allan  Breck  was  not  then  ac- 
cused of  the  actual  murder,  nor  James  Stewart 
of  being  accessary  to  it.  So  that  his  wife  aud 
chiMren  were  really  not  examined  with  any 
view  to  him  ;  they  were  examined,  to  discover 
the  truth  in  general,  before  it  was  known  upon 
what  particular  |ierson  the  accusation  would 
fall.  iVhether  their  declarations  will  be  pro- 
duced in  this  trial,  may  be  a  question  after- 
wards ;  but,  in  the  mean  while,  it  appears  not 
contrary  to  law  or  equity,  that  they  should  be . 
produced :  it  is  confounding  things  to  say  that 
this  is  making  the  fianners  wiiie  and  childrea 
witnesses  against  him :  the  declarations  will 
not  he  produced  to  prove  the  truth  of  any 
thing  contained  in  them,  of  which  they  would 

*  As  to  proceeding  ag^ainst  an  accessary 
without  a  previous  conviction  of  the  principal^ 
sec  Bomet  on  the  Criminal  Law  of  sootlaodv 
14,  pp.  S88|  et  ieq* 


49J  '^^mr       for  Murder 

Ml  I0  lifil  itidanec ;  ih«y  Ar«  only  to  prove, 
llifll  1^  Mrvofit  i«bo  emitted  the  clccUmtions, 
ihmw  thtng% ;  «ad  if  nay  words  of 
4  ^yft  efttiie  of  tuspicioti  o^amst  the 
Wmtii  b*  Mtrefy  competeut  to  prore 


A,D,  1752. 


[SOj 


itil 


>  Mr  the  ttttiomny  of  third  partief^, 
liliROltbfts  liom^  u\ut\gtiUer  ia  the  came 
•0  fuote  lli«fii  by  iiroductioD  nf  tUe 
IhiOiaelw  judicially  committed  to 
ff  Tb«  dose  eon fiti«no eat  of  the  panned 
I  m»  UUl  of  fiotiie  others,  who  were  then 
»  op  tIpAQ  suspiciou  of  guilty  but  are  noiv 
It  Ift  pt«'liiOfttJ  «t  %rilnes«e»,  was  owing  to  the 
mhM  •f  lilt  p)a€«  where  I  hey  were  confined. 
Uia  OMJotj**  grai  '  ive    been  used    Jis 

ammt  oMire  for  'v  of  state  prisoners 

l«f«QiDHMMl  crutiMi»r>  :    U  is  DOt  fO  he  W«Ul- 

la  thca,  if  military  otfieers*  unacqubiut- 
Uk  diJimcliuas  of  btr,  apphed  lo  the 

M  M4fr«  wbkb  they  were  iu  use  to  re- 
I  fir  ll*  former:  on  smun  as  the  law  was 
feuwi*  il  was  obcyt'd  ;  nor  19  it  pretended, 
|ii#|iMiHd,  or  aoy  oilier,  was  closely  coti- 


9tm  kmu  oArr  the  couttiianding  oliicer 
lliat  Iho  law  forbade  it.     It  11 


V«e,  m  Bpw  camamdiag  officer  came,  to  whom 
1^  bw  was  DQI  IniDQilialely  explained,  whicii 
ImI  tlie  MCQiid  close  coutiaemtnt  coin- 
«f ;  Int  be,  aa  well  as  hiii  predecesstjr, 
<iirng>  III  the  iaw^  an  10011  aa  it  was 
iiMnaii  to  biin.  That  it  was  not  there- 
ksovti  tA  both,  us  »r»on  as  niitfbt 
fHUiod's  coufuiel  must  account 


ThM  tl  urai  altogether  their  buiiiieHs  ^ 
I  lii^  oaM^qnence,  whaterer  it  be,  which 
t  tfl^cn  tile  neg-lect  of  it^  ous^ht  oot  (o 
I  ilie  pmaecutars,  far  lesa  upon  thu 
t  of  the  anny,  who  the  panncl  him- 
•iiwlc4|tfa(  bate  alt,  m  any  charge 
r  bad  oi  bim,  done  tbeir  duty  with  the  ut' 
Dity,  alwaya  like  noldiers,  aiitl 
It  11  vurpnainff,  the  gentlemen 
I  mmoAiim^  as  u  hardabm,  their  being  re- 
\  10  the  (lannel,  after  they  came  to 
f  ;  Ib^  wiiat  he  conacious  that  this  waa 
of  not  00  bourns  duration.  They 
UnilUiiiea  ttom  the  chief  riia|pi»trute, 
l4o  mm  ouin^,  oa  ibe  iliko  of  Argyll  was 
ipol,  to  take  any  step  without  his 
ipfrabatiiiHt  acnt  diri^ctly  to  ari|ndtQt 
Iff  ifctfliamftnd  :  aiui  Wt^  t'ruce  ifuve  tinme- 
ihto  fli^lvrv  f '  Thegrntle- 

Mn  whm  aft'  1   one  thing, 

•lidb,  I  mkm  |b  *ay,  b«  nhme  tiill  think  a 
lanMifp  itM  ibit  paonei ;  I  meaa^  my  lord, 
ia  Weiam  falbm  to  that  geinleanan'a  ahare  to 
^«i  K;«  4^fiMKe ;  and  I  caooot  belp  tbtoking 


•tiliiiQf  tB  wiltiene*  ariauig  from 
4.o%iup  toibr  7   :    ^    M€t  Hame'a  Com- 
«,  TrUI  i  N    ToL  «,  c.    13, 

p.  tM      TIhimmU.  *'.  i.^n  '  Bupptemeot*  ob- 
'*  By  la»  adii  praoioB  ilie  deelaftpta 
ittM  f^ut  t.c-  hrongbi  OS  witnewei 
I  ibo  pftosel  r  tekntioos  were 

rooO  ;,it^U;  antat  incvii* 

HytolMf  tfurv.' 
fOL  XIX 


the  complaint  of  the  panners  want  of  able  itt4^ 

sastance,  coming  from  that  side  to  this,  look] 
Itke  banter:  for,  setting  aside  my  lord  advocate, 
who^  office  ohligea  him   to  assist  tite  pros&«l 
cutor^  ;  1  need  only  beg  your  lordship  will  caul;,] 
your  eye  first  to  Uie  one  side  of  this  Uhle,  ntMl| 
then  to  the  other,  in  order  to  judge  where  tlu 
advantage  lies  in  age  and  eKperieocc. 

Upon  the  uhole^  my  lord,  1  cuiiuot  doubt  1 
but  yonr  lordship  will  find  this  libel  relevant  mi 
iDJer  the  moHt  severe  pains  of  law,  at  tbft] 
crime  tihf lied  is  of  tb^  most  heinous  nature {1 
aod  that  you  will  remit  the  pannel  to  the  know- 1 
ledge  of  an  assisse,  who,  1  find  from  the  list  iit  | 
'my  hand,  must  be  men  above  the  imputation  j 
of  any  other  prejudice,  but  whut  every  gooj  ( 
man  must  feel  against  so  honid  a  crime ;  n  j 
prpjudicp,  which,  1  am  sure,  tliey  will  carefully  j 
distiuguish,  as  1  hofie  ne  all  do,  from  any  per*  j 
tonal  prejudice  against  the  nannci,  who  has  an  I 
undoubted  right  to  demand  their  most  impar* 
tial  attention  to  the  proof,  by  which  alone  hit  1 
inucH!euce  miuit  stand  confessed,  or  bis  guiJi  j 
meet  with  its  deserved  puoishment. 

Mr.  Enkinc^  against  the  paoneT. 

My  lords  ;  I  have  likewise  the  honour  to  h#'] 
of  counsel  for  the  prosecutors  on  this  trial,  a«i4i 
as  such  it  is  my  duty  to  sun^jort  tlie  cbargp^l 
exhibited  in  the  hhel ;  whicti  has  been  just] 
now  very  fully  and  distinctly  openi'd.  •  ] 

7*he  importance  of  the  irial,  the  respect  I 
have  for  the  hunouriihle  court  and  this  audi?- 
ence,  were  alooe  atifficient  to  have  laid  mt  I 
under  great  unenftlieei:    hut  thiit  unei^siueaa  j 
is  greatly  increnaed,  wbeti  I  find  myself  eii-  ] 
gaged  in  a  task,  which  I  am  at  present  but  ill 
prepared  to  execute. 

Though  1  early  and  willin^rly  engaged  tt  \ 
take  a  part  in  this  trial,  an  unexpected  distress,* 
which  has,  for  some  days,  dissipated  my  al^^ 
tenlioo  to  business,  made  me  bojie  the  proae*  , 
cutors  would  have  relieved  me  of  an  engage^ 
ment  which  1  was  unlit  to  perfonn^  and  dis* 
peused  with  my  attendaucc,  which,  I  uppre* 
bended,  could  not  be  material  Lo  them;    but 
in  this  I  have  be?n  diHappiuted  by  the  tudis* 
po<>itton  of  a  gentleman  of  great  abilities  and 
experience,   which    has    unhappily    deprive^ 
them  of  his  abler  assistance. 

For  this  reason  I  will  beg  leave  to  confine 
myself  entirely  to  make  the  proper  answers  t^ 
the  arguments  which  have  been  urged  by  the  | 
leemod  eeotlemen  in  defence  of  the  prii^oner, 

I  tlitir  forbear  lo  enlarge  upon  the  mauy  4 
aggravating  circumstances  that  appear  in  the 
horrid  scene  just  now  opened  to  your  lordf 
sbtpf. 

1  will  Dot  attempt  to  iofiame  the  [ury,  by 
f^ivipg  bote  reins  to  an  imagination,  warmeil 
by  a  reii  regtrd  for  the  gentleman  decea%ed| 
compessioo  for  the  widow  and  the  fatbedcssp 
under  p^'culiar  circuiaetABoee  of  distress,  p 
high  concern  for  the  inlereel  of  tbis  country, 
and  the  prvservation  of  our  prraout  happy  cori' 
aiitntion  ;  all  which  appear  to  have  been  struck 
»t  hy  the  baud  that  gaveibia  wound, 

E 


51]  25  GEORGE  IL 

Tliete  consideretions  cannot  fail  to  kindle 
indig^iiation  in  erery  breast;  and  I  ana  confi- 
dent tliey  have  already  had  the  effect  to  rouze 
the  atteniiiin  of  the  Conrt,  and  balance  a  roit- 
placed  compassion,  not  unnatural  to  hnmane 
minds,  which  sometimes  blunts  even  the  sword 
of  justice :  but  the  prosecutors  do  not  ejrpect 
to  obtain  a  judgment  against  the  prisoner  in 
this  court,  upon  anj  other  foundation  than  a 
real  conviction  of  his  guilt,  arising  from  evi- 
dence clear,  unexceptionable,  and  agreeable  to 
the  laws  of  this  country. 

The  laws  of  this  country  are  favonraUe, 
particularly  favourable  to  persons  under  trial 
for  their  life ;  and  the  prosecutors  are  willing 
to  allow  the  prisoner  tne  full  benefit  of  every 
advantage  that  these  laws,  or  the  practice  of 
the  court,  can  give  him  a  title  to. 

This  being  the  case,  1  cannot  omit  observing 
how  improperly  the  prisoner  has  rested  the 
greatest  weicht  of  his  defence  upon  clamorous 
assertions  of  unfair  advantages,  and  unlawful 
oppression  upon  the  part  of  tlie  prosecutors. 

For,  Imo,  Though  they  were  founded  on 
truth,  they  would  not  amount  to  a  defence 
against  the  libel :  one  crime  cannot  compen- 
■ate  another,  nor  an  injury  received  from  the 
prosecutor  wipe  away  the  guilt  of  the  pri- 
soner. 

But,  2do,  These  are  measures  so  inconsis- 
tent with  that  glorious  spirit  of  liberty  that 
rei^s  even  among  the  rulers  in  this  age  and 
nation,  so  inconsistent  with  the  known  mild- 
ness and  clemency  of  his  majesty's  govern- 
ment, and  the  unfortunate  circumstances  of 
the  privato  prosecutors  in  this  trial,  that  I  can 
hardly  persuade  myself  it  would  be  necessary 
to  make  a  more  particular  answer  to  these  com- 
plaints. 

Nevertheless,  as  f  am^nsible  that  nothing 
is  more  inseparable  fVom  noble  and  generous 
minds,  than  a  desire  to  throw  every  atom  into 
the  balance  on  the  side  of  the  distressed,  while 
there  remains  a  possibility  of  their  innocence; 
and  that  a  simple  suspicion  that  the  prisoner 
had  suffered  any  unnecessary  hardship,  or  been 
deprived  of  anj  means  of  defending  himself, 
might  avail  htm  more  in  the  event  "bf  this 
trial,  than  the  best  defence  in  the  mouth  of  the 
ablest  advocate;  for  that  reason,  I  will  beg 
leave,  in  a  few  words,  to  shew  the  Court  what 
foundation  there  is  for  auch  complaints. 

The  first  was,  that  the  prosecutors  had  de- 
prived him  of  the  benefit  of  counsel,  by  re- 
taining roost  of  the  ablest  lawyers  at  the  bar. 

To  this  I  can  make  no  stron|;er  answer, 
ihan  what  the  Court  has  just  now  heard  from 
the  very  gentlemen  who  make  the  complaint, 
and  win  be  confirmed  by  these  who  are  to  sup- 
port them.  I  am  confident  they  will  convince 
the  Court,  and  all  who  hear  them,  of  the  ab- 
surdity of  such  a  complaint,  when  urged  by 
four  gentlemen  of  such  abilities. 

In  the  second  place,  it  has  been  laid,  that 

the«prisoner  bad  been  deprived  of  hia  KbeKy, 

sind  kept  in  close  confinement  contrary  to  law, 

4lebarred  -the  coD?«iMtian  of  his  hiuHj  end 

4  .      - 


Trial  of  James  Siewartf 


£52 


friends,  and  denied  access  to  speak  eitber  to  his 
agents  or  witnesses. 

To  all  which  it  may  be  answered  in  the  ge* 
ncrat,  that  the  laws  of  every  well-governed 
realm  certainly  allow  the  confinement  of  p^- 
sons  charged  with  capital  offences,  in  such 
manner  as  they  may  be  secured,  till  they  can 
be  brought  to  trial.  That  no  limitatran  of  this 
rule  has  been  introduced,  either  by  law  or  prac- 
tice, in  Scotland,  other  than  what  is  contained 
in  that  valuable  and  salutary  statute  of  pari. 
1,  sess.  9,  of  king  William,  for  preventing 
wrongous  imprisonment.*  No  part  of  which 
has  been  infnnged  in  the  present  case.  That 
the  prisoner  has  been,  since  he  came  to  thu 
pUce,  strictly  confined,  cannot  appear  unrea- 
sonable or  oppressive  to  those  who  know  that 
of  late,  in  apite  of  the  vigilance  of  the  ma- 
gistrates, several  criminals  have  escaped  from 
their  gaol,  whose  cases  were  less  desperate 
than  his,  and  who  had  no  formidable  tribe  of 
friends  or  accomplices  to  assist  their  escape. 

It  will  not  appear  surprising  or  unjust,  that 
the  magistrates  were  cautious  to  give  access  to 
any  persons,  under  the  colour  of  their  being 
agents  or  witnesses,  without  a  proper  warrant, 
when  it  appears  from  the  proof  to  be  brought 
in  the  trial,  that,  during  the  prisoner's  confine- 
ment in  the  garrison  at  Fort-SVilliam,  he  found 
means  to  tamper  with  the  principal  evidences, 
(though  also  in  custody,  in  order  to  prevent 
such  undue  influence)  Iry  emissaries,  who 
carried  repeated  messages  m  his  name. 

This,  I  think,  might  likewise  appear  to  be  • 


*  A  late  writer  on  Scots  law,  Mr.  Burnett, 
(Treatise  on  various  branches  of  the  Criminal 
Law  of  Scotland,  chap.  16)  gives  an  abstract 
of  the  enactments  of  this  statute ;  and  after 
contrasting  its  provisions,  imrticiilarly  those 
concerning  bail,  with  those  of  the  Habeas  Cor- 
pus Act  (Stat.  31  Car.  9),  proceeds,  **  When 
m  addition  to  all  this  it  is  considered  that  the 
act  1701  provides  most  effectually  for  a  due 
and  regular  commitment  in  order  to  trial,  that 
the  f>enaltv  on  a  judge  for  a  breach  of  the  sta- 
tute is  both  higher  and  more  precise,  and  the 
period  fixed  for  commencing  and  carrying^ 
through  the  trial  more  determinate,  it  may 
justly  be  considered  as  more  favourable  to  the 
sutject  than  the  boasted  Habeas  Corpus  Act  of 
England,  notwithstanding  one  summary  ap- 
plication for  lilieration  may  not  in  every  caae 
afford  so  speedy  a  remetly  as  the  proceedings 
under  the  writ  of  Habeas  Corpus." 

In  the  same  chapter,  however,  he  notices 
that  Ihis  same  act  of  1701,  "  has  been  called 
the  worst  penned  and  the  most  obscure  act  in 
our  statute  book,  and  some  have  even  gone  so 
far  as  to  maintain,  that  it  was  purposely  made 
obscure." 

So  in  tlie  case  of  Andrew  against  Murdochs 
June  1806  (reported  in  the  Appendix  to  Bur- 
nett, N"*  XVI)  Hope,  lord  justice-clerk,  said, 
"  Onr  act  ITOl  is  greatlv  more  lavourabe  to 
the  liberty  of  the  subfcct  m  every  respect  thui 
the  UabeM  Corpus  Act  of  EngltMl/' 


B) 


fat  Murder* 


A.  D.  1752. 


[54 


WD  fbr  the  officer  eoniroa tiding  at 
kWiiiftm*  to  be  particularly  careful  to  in* 
id  prereiit  these  iiracticen,  by  denying 
tbe  pertous  by  wbate  means  ibey 
I  koOWB  io  be  cmriefl  on. 
^fi«i,  ti  Ibe  firisODrr's  complaiot  lias  been 
%mi  ^po  Mm  b««ttd,  t  inust  heg  leave  to  recal 

war  tlie  far 

4mm0mmut 

I  JoiUce 


pa  and  the  jury  to 
t  which  the  accet- 


,  .  'f  '^1  he  supplying 

Willi  moti  ȣe  him  to  fly 

:  Irt   it   l^  ;  Sored  in  what 

'I'CUted  i  Ihe  pri^ner  was  io- 
liicer  Gommandini?  the  party 
aimtli^i<i«d  biui,  to  spi^tik  >%uh  hh  m ife 
l«  Mora  b#  wa«  earrirU  ofT:  <he  use  he 
:  «f  tliai  indulgence,  wait  to  j^^ive  her  the 
|k«rf  of  tile  money  in  his  pockety  vi'itli 
1  t(i  send  it,  and  the  tiiorderer's 
itie  place  where  it  liad  been  con- 
i  h%  whmdd  wait  for  ihem. 
Tbt  lalol^«»ce  upon  the  part  of  the  ofTicer 
«M  a«lMv»l  Mil  bitinune;  from  the  circum- 
ittoorei  tiMl  were  then  kuowo,  there  \*&&  no 
rwMa  In  fttmuect  ihut  mjcU  use  would  have 
IvfMonds'^i  G<h1's  good  providence 

li  MlB.'C»i»e  fl  drcumstanee  in  the  io- 

teili[|AMi  ot  iktte  fcutirce  of  the  horrid  scene  of 
'mimmf  Mwr«  the  Cuurt. 

Nov,  ■•  ibi«  tkct  xa  adrnilted  to  he  true,  I 
ttOM  wmh$mt  wbat  fuundatinn  there  is  to  coin- 
filaii  ^  I  r  the  commanding- 

•fi^ir  I  such  indulj^tuceSf 

llogiv  uuin!vutr<i  .u:i;»^^?i  to  his  family  und  re- 
I?  Neterthrle*^,  I  am  well  authorised  lo 
f,  ibalf  al  Follow ilTiam,  the  prisoner  had 
hiiy  ftnd  KTemt  iudul^^ences  of  this  kind  ;  that 
lie  was  ailwwed  to  take  the  nir  in  the  |j;arrisao, 
aftd  lo  <iii«ftff*i»  with  his  friendfi  and  relations 
'  118  wii  cunhiHteut  with  the  safe 
f  if  bis  person,  and  the  iuipniies  which 
■  Cftrrying  on  hy  the  proper  officers ; 
btfiire  and  since  he  was  brought  to 
Miiipteet,  bb  Oi^nl  and  lawyers  have  had  ao* 
imkt  wiUi  him  as  often  as  applied  for  in  a 
'  wty*  He  wos  not  indeed  allowed  access 
»•  M  kii  servants  and  dependiintii,  Irom 
irboB  mterial  etideuce  wns  cxpnted,  with 
wksn  bt  bail  baeo  uttipcring^f  and  who  hud 
Mbrad,  l^brv  irere  over-awc<l  by  his  au- 
bul  m  tbil  I  apprehend  noVuulugy  is 

I  place.   Yr»ui-  lorrlshiits  hnve  heard 

I  frmm  t  r,  of  un- 

an«  il  I        .(luce  his 

*  I  v>  and  tu  prepossess  the 

»t  his  g:uilt»by  which  he 

b  aid  io  Lc,   m   m>uic  mcasurei  condemned 
Irfsta  be  m  brtiu^ht  tu  trinL 

l»ttsi  biy  MH  and  the  jury  to 

^■»4ec  lb**  of  I  he  prosrcuton 

wbt  iflw  iibii  }Mac:tices.     Has 

I  is  DO   relaiinn, 
*  a-  It  Ui is  corner  of  the 

1  in  prepossessint^ 
'  cii«attrjr  -  •-.  ^„  ..,  .i^j  of  the  prisoner*! 
Sf  nff  aft  hti  Cbihlr«o,  as  yet  uucapable 


Af  speech,  fit  to  assist  her  in  traducitigf  bis  cha« 
racter? 

If  the  relations  of  the  deceased  had  attempt- 
ed! it  without  foundation,  they  would  haV9 
Ifained  no  credit  with  the  impartial  world  ;  or 
would  have  been  counterbalanced  by  the  nu- 
merous relations  of  the  prisoner,  at  least  m  this 
country.  Nerertbcless,  ray  lords,  J  will  atlmjt 
thai  he  labours  under  great  disadrantag^es  upon 
thi2i  head;  a  general  opinion  of  his  t^uilt  hua 
prevailed  ;  ait<l  I  am  sorry  to  say^  that  he  haa 
many  and  siroog^  adversaries,  who  have  beei^ 
busy  to  establish  it.  *^  Mag^na  est  Veritas,  ct 
pr<cvalebit."  The  horror  of  the  crime  witli 
nhtch  he  is  charged,  has  raised  the  attention  of 
every  impartial  person,  and  made  them  tn« 
dustrious  to  discover  the  authors  of  it. 

The  blood  of  the  innocent  has  called  aloud  to 
heaven  for  justice;  and»  by  a  remarkable  con- 
currence of  many  circumstances,  hrout^ht  t(» 
light  by  the  decls  rat  ions  of  a  cloud  of  u  iinesses^ 
the  prisoner  is  clearly  pointed  out,  not  indeed 
as  the  executioner,  but  the  contriver  of  tha 
murder^  and  the  aiJer  and  abettor  of  the  mur- 
derer. 

I  will  not  say,  that  his  character  iu  private 
hfe  concurs  against  him  ;  1  have  no  auihoniy 
from  my  employers  to  assert  it  j  nor  will  1  as- 
sert what  is  not  supported  by  evidence^  But  C 
must  say,  that  his  family  and  connections,  bis 
character  and  conduct  lu  public  life,  are  so 
many  circumstances  forming  a  presumption  al- 
iDOht  et|ual  to  a  proof,  in  support  of  the  charge 
bruught  agiiinsl  him.  These  are  the  mosi 
powerful  adversaries  he  has  to  struggle  wiih, 
and  from  them  that  general  opinion  of  bis  guilt 
has  taken  its  rise,  which  is  unjusUy  ascribed  to 
the  prosecutors. 

What  haii  been  said,  my  lords,  would  natu- 
rally lead  me,  in  the  (text  place,  to  lay  open,  tu 
the  consideration  of  the  Court,  the  particular 
circumstances  set  forth  in  ihe>tibel,  fnm  whicb 
the  prisnner^s  guilt  is  inferred ;  and  to  Inke  no* 
tice  of  what  has  be^n  said  in  his  defence  upon 
that  head ;  but  in  this  1  have  been  well  pre- 
vented  by  the  gentleman  who  s|M)ke  last;  and 
therefore  I  shall  ouly  beg  leave  to  add  a  few 
observations  to  what  has  been  said  by  him. 

The  Court  has  been  informal  that  Ulr. 
Campbe'l  of  Gl enure  was  appointed  factor  on 
the  forfeited  estate  of  Ardshiel;  that  the  pri* 
soner  is  natural  brotlier  to  the  forfeiting  persnn, 
in  whose  absence  he  fell  lo  have  the  leading  of  ^ 
his  dependents,  and  the  protection  of  hi*  ' 
family:  under  that  character,  as  he  had  an 
interest,  lo  be  had  opportunities  of  npjKMiti^ 
tbe  factor  in  the  execution  of  his  office:  that 
this  opposition  grew  by  degrees  to  the  height 
of  premediroted  malice,  which  rood  after  broke 
out  in  repeated  threatening,  and  at  last  eaded 
in  assa>i«i tuition  and  murder. 

On  the  uther  hand,  the  counsel  for  the  pri- 
soner have  iisserled,  that  there  was  no  enmity 
or  malice  between  Cjlenure  and  hira  \  but  con- 
trary-wise, a  conlidence  and  friendship^  whicli 
they  offer  to  support  by  letters  written  by  Gle* 
DUrV  to  bito.    ^ow,  aa  ibia  mtiit  ap^aaf  la  km 


S5] 


25  GEORGE  II. 


Trial  of  James  Siemrt, 


[56 


incoDtiitent  with  Ibe  charge  io  the  libel,  I  muftt 
beff  le&ve,  in  a  few  words,  to  reconcile  them. 

When  Glenure  was  appointed  faelor  on  the 
•state  ofArdshiel,  he  was  so  far  from  shewing^ 
80  J  disposition  to  be  ser ere  upon  the  tenants, 
or  10  put  hardships  on  the  family  and  fiiends  «f 
the  forfeiting  person,  that  he  treated  them  with 
the  utmost  humanity :  and  the  prisoner  in  par- 
ticular had  the  address  to  insinuate  himself  so 
fsr  into  bis  confidence,  as  to  be  employed  in 
eollectiDg  the  rents,  and  advised  with  in  the 
lettingr  of  the  farms ;  and,  during'  this  period, 
the  leltera  referred  to  were  written.  But  as 
the  prisoner  undoubtedly  took  advantage  of  this 
conndence,  to  bring  tenants  into  the  estate  that 
were  entirely  under  his  influence,  and  to  make 
separate  agreements  with  them  in  favoorof  the 
forfeited  person  and  his  family,  in  defraud  of 
his  majesty  and  the  public ;  the  barons  of  ex- 
chequer justly  took  exception  against  this  part 
of  Glenure's  conduct;  and,  to  prevent  such 
abuses  for  the  future,  gave  him  particular  in- 
structions in  writing,  to  remove  the  prisoner 
from  a  beneficial  farm  which  he  possessed,  and 
also  any  other  of  the  tenants  wlio  were  con- 
nected with,  or  under  the  influence  of,  the  for- 
feiting person  and  his  family. 

These  instructions  were  executed  in  part  at 
Whitsundav  1751,  ^by  the  removal  of  the  pri- 
soner from  his  farm  ;  but  as  he  easily  procured 
another  in  the  neighbourhood,  and  retained  his 
influence  over  the  estate  by  the  means  of  the 
tenants  he  had  placed  there,  he  discovered  no 
resentment  at  that  time. 

But  so  soon  as  the  factor,  in  the  further  exe- 
cution of  his  instructions,  began  to  take  the 
proper  measures  for  removing,  st  Whitsunday 
1753,  some  of  these  tenants,  he  then  took  the 
alarm  :  that  was  to  pluck  up  his  interest  by 
the  root,  and  entirely  to  put  an  end  to  his  influ- 
ence. He  therefore  made  the  cause  of  the 
tenants  his  own,  and  every  method  of  opposi- 
twn  was  tried  to  prevent  their  removsl. 

fle  no  longer  affected  any  intimacy  or  friend- 
ship with  Glenure,  but  took  every  occasion  to 
raise  discontent  and  jealousies  sgainst  him,  and 
represent  him  as  an  oppressor  in  the  country. 
At  last,  without  any  authority  from  the  tenants 
who  were  to  be  removed,  he  took  s  jonmey  to 
Edinburgh,  on  his  own  expence,  and  applied, 
by  a  bill  of  suspension,  to  tne  court  of  session 
in  their  names ;  in  which  the  factor's  conduct 
vas  set  forth  in  such  false  and  odious  colours, 
as  procured  a  sist  or  stop  of  execution  of  the 
decree  of  removing,  pronounced  by  the  sheriff, 
at  the  factor's  suit ;  and,  by  the  same  fsisc 
suggestifins,  he  so  far  im|iosed  upon  such  of  the 
barous,  as  were  then  in  town,  ss  to  make  them 
listen  to  his  complaints  a^^atost  Glenure. 

When  Glenure  was  informed  of  all  this,  he 
vent  directly  to  Edinburgh  by  grestjouniies; 
and,  09  soon  as  he  had  an  opportunity  of  being 
heard,  he  obtained  a  removal  of  the  sist  from 
the  court  of  session  ;  and  satisfied  the  barons, 
that  be  had  conductcMl  himself  entirely  by  their 
Mstrudions.  And,  having  bee^  only  two  davs 
kk  towDi  he  munad  with  ipeditinn  Io  the 


country^   Whitsunday    being  then  near   at 
hand. 

This  scheme  beinj;  frustrated  by  the  dili- 
gence and  activity  of  the  factor,  measures  of  a 
differeut  nature  became  necessary. 

Tlie  prisoner  had  no  hopes  of^  being  able  to 
keep  up  his  influence  and  interest  in  the  estate^ 
while  Glenure  continued  to  have  the  manage- 
ment of  it ;  and  if  he  should  be  sble  to  get  the 
better  of  him,  he  had  reason  to  think  no  other 
would  be  so  hardy  as  to  undertake  it  It  was 
therefore  resolved  to  take  him  ofi*,  and  that  be- 
fore he  should  remove  the  tenants. 

For  the  execution  of  his  scheme,  a  very  proper 
assistant  was  at  hand  ;  Allan  Breck  Stewart,  a 
person  in  desperats  circumstances,  who  had  al- 
ready forfeited  hb  life  to  the  laws,  and  enlisted 
himself  an  enemy  to  the  liberties  of  his  coun- 
try ;  a  dependant  of  the  family  of  Ardshiel  ; 
brought  up  from  his  infancy  under  the  earn 
and  authority  of  the  prisoner. 

With  this  assistance,  no  method  waslefk  nn- 
attempted  to  stir  up  the  populace,  or  some  of 
the  hardiest  among  them,  to  cut  off  Glenure 
by  violence.  Their  attachment  to  their  chief 
was  made  use  of  for  that  purpose.  The  pre- 
servation of  his  family,  tlie  welfare  of  their 
country,  and  even  the  very  being  of  the  clan^ 
were  represented  as  inconsistent  with  allowing 
Glenure  to  live.  Reproaches  were  used  to  some, 
rewards  offered  to  others,  and  strong  insinu- 
ations made  by  the  prisoner  to  his  own  do^ 
mestic  senrants :  but  all  this  had  not  the  de- 
sired   flfect. 

Wherefore,  on  Monday  the  lllh  of  Maj^ 
Allan  Breck,  who  had  no  other  occupation  hut 
wandering  from  house  to  house  amongst  hia 
friends,  and  was  thereby  well  able  to  trace  all 
Glenure's  motions,  came  to  the  prisoner's 
house,  when  the  resolution  appears  to  have  been 
taken,  that  Allan  himself  should  set  out  early 
next  morning  to  way- lay  Glenure,  and  take 
the  first  opportunity  to  perpetrate  the  murder. 

This  was  no  difficuh  task  to  one  who  knemr 
the  country.  There  were  but  three  days  to 
run  to  the  term  for  the  removing.  In  that 
period,  it  was  known  that  Glenure  was  to  go 
from  his  own  house,  to  the  slierifTs  court  at 
Fort- William,,  and  return  to  the  lands  from 
whence  the  tepants  were  to  be  removed.  The 
nature  of  the  country,  and  the  several  ferries 
which  he  could  not  avoid,  made  it  certain  what 
road  he  must  take ;  and  a  wood  near  the  lands 
afforded  a  proper  place  for  the  bloody  deed. 
But  Allan's  dress,  being  the  French  uniform, 
was  too  remarkable  for  an  executioner  of  the 
works  of  darkness ;  he  was  therefore  supplied 
with  another,  of  the  ususi  colour  and  fashion  of 
the  country,  by  the  prinoner.  The  Court  baa 
heard  how  be  theu  took  his  station  at  a  place 
within  sight  of  Gtenure's  house,  till  he  aavr 
him  set  out  for  Fort-William,  and  then  how  he 
retired  towards  a  ferr^ ,  where  it  Was  known 
Glenure  must  pass  in  his  return. 

In  the  mean  time,  tnesaenger  after  mcwon 
ger  u  sent  to  Fort  William  by  the  prisoocr,  to 
get  nora  pertieelar  ieHlHgiHB  of  Ofenure^ 


On  Itic  nif  III  of  lite  13th,  Alltn  cmnit 
tt  1  ptoM  Mij>pem  to  tbe  ferry,  >nd  retiretl  in 
fl#  mtOMf^  kttim  %h0  ifood/trom  which  li« 
Mlf  mmm  aim  U  irmpiirB  if  Glenure  vrsk%  pftil. 
very  litne  ft  l^uui  tielonf(in;|^  to  th« 
r*t  »*fni»«tttig ;  and«  in  ilic  tv«niDgi 
'  WM»  fthul  lu  ihe  wriod. 
itkehcM-rtu  '  '  uunfer  threw  All  the 
lioi'  M  addconsternution^ 

^  Mr|Hi9e  •ppenrT'ii  (i|i^Mi  ih«  imsoDPf,  or  in 
InltiBiJjf.  Their  titention  Wft&enlirf^ly  Hxer] 
i|Hn  iIm  cn^uiiofi  of  the  tufSASures  iliat  had 
ItOi  awitijleil  for  ficihi«lifif  the  Riorderfr'a 
«Gm:  fhrilMi  pnrfios^,  •  mciftrncer  was  dts- 
|MMil  Ml  pimr«  money :  upon  the  return  of 
■ngsr  (ibough  Ihe  privooer  w»s  then 
jF>  ib«  mot»ey  he  bn»ui^hii  with  w^hat 
iniMmer  could  afFoi'df  and  also  the 
mkm^  were,  by  the  priisoner*8  dircc- 
llnft,  Ctfliti  10  a  refiiot«  place  in  the  mouniaiiii, 
vlum  ANftA  fir»ek  had  fur  tome  lime  vvaited 
leTtbein.  At  the  aarue  lime  the 
m^  which  bad  been  coooealed 
mmf  km  fce«M|  iv«»re  di<$cof  ered ;  ftiid  ihe  vefy 
gm,  wftsdl  bad  been  missiitj^  on  the  day  of  the 
— riiff,  wmM  foQod  nmnngst  ibeni)  with  mch 
«Kl»iaihvir«4  itiat  it  hid  beeu  tately  dt^ 

Tiuii,  tmy  larda,  aa  I  had  oeca«iion  to  men* 
iMi  •8«Mi  ^th«  facts  to  be  proved,  1  could  not 
ifcorlly  toOQirig  over  the  wUote,  in  oitler 
ibvi«  m  oCk«  View  before  y<»ur  lordihips 
Itb«>itf3r. 

Am,  fiwm  lht«  rtew^  f  apprehend  it  wiU  now 
MMfi  l«i«,/rbit  the  friernJiihip  inetilioned  by 
In  oinifl  fbr  the  priNifieri  duet  not  derogate 
flN«itbenr<filMibtlity  of  bii  guilt  U  is  a  na* 
I,  «M  rrcn  m  neceaaary  link  of  the  chain 
mUeli  III*  whole  depends. 

It  mirat  occtir  to  every  one  i»ho  bean 
l^fiida,  til  at  tliim|fh  it  is  poanble,  btnely 
"^  »y  Ikal  Mrreral  of  ihent  might  hife  btp- 
•bvia^a  lb«  pn^on^r  had  been  ioiiocefit 
«fll»cri»r  that  lA  charged  upon  him*,  yet  it 
I  to  coaceirep  that  Bucb  a  lung  aerieit 
inecs,  ootin«eted  and  cortvapondtng 
•iii  9m9  enolb^r,  all  omeiirf kig  to  answer  the 
«a»  tail  ibaald  be  the  hum  fleet  of  chance, 
mi  wm  thm  coQ»e<|uei»ee  of  intention  and  de- 

TV  take  no  ln«tanre,  it  is  vefy  eniy  to  be- 
Wvt^UMl  llleii  Brtck  mi|^ht  haf  e  cha'ngfeil  hia 
Mbea«  tbofiffii  be  hftd  not  intended  to  murder 
1 1  iM  thai  he  mi^bt  have  lodged  for 
•Irble  i^ier  Cllenare*«  house,  though  he 
Ml  Me»ileil  to  lie  in  wait  for  hia  Itff  ;  but 
I  wm  ftwl  Cbt  aeme  Adio  Breck  himseK' 
J  U  marder  Olmiilt,  ^iMl  tnatigaiing 
Hkm  10  do  H;  a(tertfi/di  ebengitig  hit 
AriMB,  ly^  in  ^^f^il  »f  timet  and  in 

«oai  finnts^  afi|»caniiL'  v  lontly  ini|mr* 

^Iktl31^«f*iienrihe  ltiii4:<  Hud  place  ol  the 
•niiii,  mi4  m  toon  ct  h  wm  cominiti«d,  fly- 
%  wiHi  irvmrnMl  fitvdfltMtMi,  who  can  doiibt 
iit  be  wtfl  tbe  iBttni^cr  f 
^  b  tbe  Miitt  iMttinir  ll  in^bi  w«ll  tufimed, 
'  Bil|piil  hvif%  wot  Albiii  BifBCs 


n  ttiit  of  clotbei,  or  given  Him  enterlainraent  in 
his  hotivPp  ihrvugh  he  had  not  instigated  him  tHi 
ciHnmit  the  murder.  But  il"  it  it  com\dertd, J 
thnt  ^llan  Bf^ek  had  no  quarrel  nilli  Glenttrt^i 
other  than  what  he  was  engaged  in  by  the  iihI 
lldi'QCe  and  authority  uf  the  prisoner  |  that  I 
carried  tJie  resentment^  on  the  prisoupr'a  ao 
count,  to  such  a  height  ai  to  threaten  to  fthooij 
ff1enuFP«  and  joined  the  prisoner  in  prompliud 
others  lo  do  it  ;  that  whon  Gleiuire  returne 
imexpecteElly  from  Kdiiibtii^h,  Allan  Bn 
went  imtnedialely  with  the  intelligence  to  th 
prisoner ;  ihnt  when  he  set  out  to  lie  iu  waU 
for  Gtennre,  it  was  af\er  a  consuttalion  wilUt 
and  being  nccontvcd  for  that  purpose  by,  i 
prt^ner ;  that  the  o^un  with  which  he  shU 
Glenure,  appean  lo  nute  been  the  property  \ 
ihe  prisoner  ;  that,  after  the  murder  wat  core 
milled,  the  munlerer  relied  for  money  an 
clulhes  for  his  eacape,  and  aciuully  if  id  receivi 
them  from  ihe  prisonei  ;  I  say,  let  all  lhc»* 
concurring  circumstances  be  bid  together,  i 
who  will  doubt  that  he  ^aa  instigated,  aidedj 
and  ahelled  by  the  prisoner  ? 

It  is  therefore  in  vain  to  nrge»  ihat  otie 
more  of  tht^e  facts,  when  tnken  separately,  an 
not  relevaiu  to  infer  the  conclusion  of  his  gutlt«j 
It  is  iVom  the  connexion  and  concurrence  e 
the  whole^  that  the  connction  of  his  guilt  doe 
arise :  and  il  is  only  from  a  proof  of  tbe  whole 
that  the  pro^cutor&  expect  a  judgiDent  agarnd 
him. 

In  the  last  place,  the  counsel  for  the  pHitone 
have  urgnl  a  point  of  law  in  his  defiance,  wit 
Til ul  aupjiosing  the  facts  which  have  been  sel 
forth,  10  be  relevant  to  infer  his  gintf ;  ta  he  T 
only  charged  as  an  accetsary,  lie  cannot 
brought  to  trial  fur  ihe  crime,  until  the  princ 
pal  be  first  convicted.  In  s«upp<>rtjng  df  I"  " 
texis  have  iH'en  quoted  from  Ihe  old  law-l>ook^ 
Uuoniam  Attachiamenia  and  Regiam  Mnjesta* 
trm.  h  has  been  said  thai  ibis  tn  ihe  law  of 
Engtnnd  at  this  day,  and  Ihat  sir  George  Mac- 
kefiiie^  in  his  Treatise  of  Crimes,  boa  laid  il 
down  to  be  the  lew  of  this  country. 

As  the  word  *  ■eeetsarj '  i«  a  relative,  whirl 
cannot  be  witlieut  a  principal  to  iwhich  it  re' 
Idles  i  it  m**st  be  admitted^  Ibat  no  evidenC 
will  be  sufficient  to  convict  an  accessary «  whrcb  ' 
does  not  prove  that  ihe  crime  was  com  milted 
by  the  principal,  who  is  thereby  convicted,  10 
Ihe  eHect  that  justice  may  bv  executed  againfl 
the  accessary. 

In  this  tense  the  maxim  isjuMt;  but  in  the 
tense  in  which  it  is  pleaded  for  the  prisoner,  I 
will  lake  upon  me  lo  say,  it  is  not  supported  hy 
Ihe  1ft w  of  this  country  ;  it  is  inconsistent  with 
Ihe  orinctptet  of  public  policy,  and  anbvereive 
of  all  civil  tociety. 

It  is  inde^Kl  a  majtiro,  and  a  good  one,  m  the 
law  of  Scotland,  that  no  person  can  be  con- 
demned, til  as  to  suffer  the  punisliment  ap^ 
pointed  by  law  for  an>  crime,  unless  be  be  pre* 
dent  in  court,  and  have  opportunity  to  ohjuct  la 
the  evidence  by  which  it  is  to  be  proved  ftgemtd 
him.  But  in  ili<^  t»re»eot  case,  it  f^  nol  AUr^ea^ 
that  AUttu    Dreck  cotiltl  be  condeowietl,  ett4 


59] 


25  GEORGE  II. 


Trial  ofJanut  Stemart, 


[60 


brooght  to  justice,  upon  the  evidence  that  is  to 
be  brouffht  in  tiis  absence  against  the  prisoner. 
If  he  shall  atkrwards  appear,  and  stand  his 
trial,  the  proof,  in  so  far  as  it  relates  to  hitn, 
must  again  be  repeated  in  his  presence,  and  it 
will  be  com|>etent  to  him  to  object  to  e?ery  part 
of  it.  But  at  present,  as  the  evidence  is 
broug^ht  only  to  the  effect  that  the  prisoner 
inay  be  punished,  it  is  he  only  that  can  plead 
the  benefit  of  this  maxim  ;  and  it  is  competent 
to  him  to  object,  as  well  to  that  part  of  the  evi- 
dence which  fixes  the  crime  upon  the  principal, 
as  to  that  which  proves  his  accession. 

As  to  the  law  of  England,  1  will  not  take 
upon  me  to  ai^gue  from  it ;  1  do  not  pretend  to 
be  versaut  in  it ;  nor  do  1  apprehend  it  will  be 
decisive  in  this  case.  Nevertheless  I  have 
reason  to  believe,  that  it  is  the  practice  in  that 
part  of  the  kingdom  to  proceed  to  the  trial  of 
the  accessary,  after  the  outlawry  of  the  prin- 
cipal ;  from  which  I  would  infer,  that,  in  our 
practice,  either  the  fugitatiun  has  the  effect  of 
the  outlawry,  or  there  is  no  argument  to  be 
drawn  from  the  one  law  to  the  other. 

With  regard  to  the  old  law-books  mentioned, 
it  is  well  known  to  your  lordships,  that  they 
are  generally  believed  to  have  heed  transcribed 
from  the  laws  of  Eosland,  at  a  time,  indeed, 
when  many  salutary  iterations  are  thought  to 
have  been  introduced  into  our  practice  from 
thence;  but  that  it  is  by  no  means  admitted, 
that  they  were  ever  ingrossed  into  the  body  of 
our  laws,  or  that  every  part  of  them  has  been 
confirmed  by  our  practice ;  many  instances  of 
the  contrary  might  be  mentioned.  But  I  for- 
bear to  consume  the  time  of  the  Court  upon 
this  question,  because  the  only  ground  1  can 
find  to  suspect,  that  it  ever  was  held  to  be  a 
donbtin  our  practice,  is  the  153  act,  18  pari. 
Ja.  6,  which  appears  to  have  been  made  with  a 
view  to  take  away  all  doubt  for  the  future. 
The  words  of  this  sUtuteare,  "  That  in  all  time 
cumming,  all  criminal  libelessall  conteine,  that 
persones  compleined  on  are  airt  and  pairt  of  the 
crimes  libelled;  quhilksall  be  relevant  to  ac- 
cuse them  thereof;  swa  that  ua  exception  or 
objection  take  awaie  that  part  of  the  libel  1  in 
time  cumming."  Which,  m  more  modern  lan- 
guage, imports,  that,  fur  the  future,  no  ob- 
jection bhall  be  sustained  against  a  libel,  which 
charges  the  person  accused  of  being  contriver, 
adviser,  aiding,  abetting  or  assisting,  in  a 
crime  that  is  otherwise  relevant. 

And  sir  Geo.  Mackenzie,  in  that  very  pas- 
sage of  his  Treatise  on  Crimes,  which  has  been 
quoted  in  behalf  of  the  prisoner,  though  he 
lays  down  the  arguments  which  have  been 
suggested  on  lioth  sides  by  the  authors  who 
have  treated  this  question,  he  concludes  with 
observing,  that,  in  Robertson's  case,  the  Court 
found  upon  this  act,  that  an  accomplice  might 
be  tried,  though  the  principal  bad  not  been  con- 
Ticted  nor  fugitated. 

Upon  these  principles,  the  practice  has  been 
uniform  for  many  years  ;  and  the  present  cir- 
canatances  of  the  case  do  not  seem  to  afford 
•oyreuootoderiitcfronit,    For  your  kNrd- 


ships  and  the  jury  must  be  convinced,  from 
the  facts  which  have  been  opened,  that  as  the 
murder  was  committed  with  the  advice,  and  at 
the  instigation  of  the  prisoner;  so,  but  for  hii| 
aiding,  abetting  and  assisting,  the  murderer 
had  been  now  also  prisoner  at  your  bar. 

Lord  Advocate  (right  hon.  W.  Grant) : 

BIy  Lord  Justice  General ;  I  stand  up  at 
this  time,  to  support  the  reply  that  hath  beca 
made  by  the  learned  and  ingenious  jfeotlemeii 
on  the  same  side  with  me,  to  the  defences  thai 
have  been  offered  for  tliis  pannel ;  but  as  it 
hath  not  been  frequently  practised  by  mjr  pre* 
decessors  in  office  to  attend  in  person  atdrcuif 
courts  of  justiciary,  I  beg  leave,  first  of  all,  to* 
say  a  few  words  for  myself,  to  give  the  reason 
of  my  being  now  here :  and  I  am  persuaded 
that  every  one  who  now  hears  me,  will  believo 
me,  when  I  declare,  that,  negatively,  that  hath 
not  proceeded  from  any  particular  animosity 
against  this  unhappy  man  m  the  pannel,  whoa 
1  never  saw  until  this  day  when  he  appeared 
there ;  neither  is  it  singly  because  it  is  a  horrid 
and  atrocious  murder  that  is  to  be  now  tried ; 
or  that  the  trial  is  to  proceed  upon  indirect  and 
circumstantial  evidence,  because  such  cases 
have  oflen  occurred.  But  the  trutli  is,  that 
upon  my  first  hearing  of  tiiis  murder,  in  the 
month  of  May  last,  of  a  gentleman  of  tbi» 
country,  the  king's  factor  upon  certaui  of  the 
forfeited  estates  that  had  been  but  a  few  weeks 
before  annexed  to  the  crown  unalienable,  and. 
the  produce  of  them  approoriated  by  law  to 
the  most  salutary  and  beneficiai  purposes,  for 
the  future  tranquillity  of  the  united  kingdom  in 
ll^eneral,  and  for  the  immediate  advantage  and 
improvement  of  these  highland  parts  of  Sootp 
land  in  particular ;  1  was  greatly  shocked,  and 
considered  the  murderers,  whoever  tliey  were, 
as  having  been  guilty  not  only  of  a  most  horrid 
crime  against  the  laws  of  God  and  huoianity, 
but,  together  with  this,  of  a  most  audacious  in- 
sult against  the  most  gracious  and  beneficent 
acts  of  the  king's  government,  and  of  ths 
whole  legislature ;  and,  as  far  as  in  them  lay, 
had  endeavoured  to  make  the  world  or  the 

Kublic  believe,  that  the  civilizing  of  the  High- 
inds  of  Scotland  was  a  vain  and  impracticablo 
attempt ;  and  under  this  impression,  I  then  re-, 
solved,  whenever  a  discovery  should  be  made 
of  any  persons  concerned  iu  this  wickedness^ 
to  attend  at  the  trial  where-ever  it  should  be, 
and  to  do  all  that  in  me  lay,  consistently  with 
law  and  justice,  to  convince  the  disaffected  part 
of  the  Uiffhlands  of  Scotland,  that  they  matt 
submit  to  this  government,  which  thev  have  se- 
veral times  in  vain  endeavoured  to  subvert.  ^ 
And  now,  as  to  this  trial  itself,  your  lordshipn 
have  heard  the  libel  read,  and  sooie  |>arta  of 
the  evidence  which  we  expect  to  bring  in  rap- 
port of  it,  more  particularly  opened  by  tM 
gentlemen  who  opoke  of  the  same  side  witb 
me ;  and  none  of  these  things  shall  1  now  r^ 
peat ;  but  only  make  a  few  observations  apoa 
what  hath  been  offered  by  tlie  oomiMl  for  itm 
paooel  by  way  of  defcnoe. 


3         ^^^^^^^      fof  MnrJcr, 

iodt  ^(i^  «^  A^»  io  c"^']^  to  lay  <^tit  of  the 
phut  is  ffyreigD  to  tht?  in^ribi  nf  the  trttil, 
eoiMi^«>|  Unvv  ^♦'♦^n  pleased  !u  take 
iJ(  ^  *  grieFnncpi,  tbal 

V.  -  CO  nth  lenient  in 

I  ivrT- II  iiHun  ;   n[iij   Ihai,  by 
of  the   private  pro^ciitoi',  n^U 

"^^  ^  ' *  't^TC  been  retained 

imag   I  ance.     As  to  tbe 

•Cwbu.^  -  I  ^. -^^:i  gfievancL'Sf  J  aoi 
jammmt  of  the  pftrticuf«r  facts   apon 
tiM  rnmMiint  is  founded  ;  but  if  it  be 
tin:  1  wa»  binj^er  kept  in  cloie 

■ivi  fhoald  have  been»  or  until 
qM|nk*iaiiti«^  officer  was  informed  bow  the 
kw  gnind.  tlie  ptuti«<l  cao  be  under  no  real 
AsAdvmniaire  ou  llmt  occiuint  iu  bla  presfiit 
truit;  livcamfr  be  was  tirs,!  taken  into  custody 
wmtS^^Kf^j  the  Itith  of  May,  that  is,  about 
aeo:  nod  KiippoMing  it  true,  that 
Iiyt  of  so  long  a  pt^riod^  peo[de 
tobim  %vhom  be  liud  a  mind  to 
It  htki  full  time,  wticu  all  these  are 
10  mdkt  the  neeetsary  provisioo  for 


^  Vomt  tlm  and  oilier  pafisa^f^  respecting; 
biiMii|it»  •I'ltbich  ct»mpt.imt  was  made  in  this 
mt^  tbc  J^llotvin]^  remarkii  are  made  in  the 
it  t"  I     "tt   of  James  Stewart  r 

the  I''  -standing  this  matter,  it 

litre  lu  insert  a  clause  or  two  of 
ad  uf  purliament''  [the  act  ag^ainst 
iiiifiri»oiiint;ni,  xee  p.  59],  "oeing 
pi  inm  8th  and  9tli  sessions  of  king 
*  justly   f^^-'*   ihe  palladium  of 
fa   1^  le  of  which  it  is 

Tliat  OUT  -^u.^...^.;  lord,  considering* 
II  laili^  murrt%t  of  all  bh  good  subjects,  that 
*1bifib«^tv  of  ilteir  persons  be  dul)^  secured  * 
*Miik7  tret)  by  the  Claim  of  Ftij^ht, 

*ta.ili'  itnent  of  persons^  without  ex- 

'  pRflB^  tb«  reA»on!b  thereof,  and  delayinsf  to 
'M Ifccni  tp  trial,  \n  contrary  to  law  '  there- 
'  wtiyt«i;^|e«iy,  with  advice  and  consent  of 
*  lWflmM«i^pftriiaiiient,  itatutes,  enacts,  and 
'pJMji,  ^~  '^  >  shall  sign  their 

*HAvm^i  ^r»on  shall  here- 

'lUitW  tittpri»un».t]  lur  rusiody,  in  Order  to 
*l^  Ht  99 f  crime  or  offence,  without  a  wa r- 
*fMiBwrit«  cspmaiiig  the  particular  cause 
'i*  vliiclt  be  IS  Impmoiied :  and  of  which 


A.  D.  11B2. 


[69 


As  !br  the  other  alleged  grieTtnce,  I  myself 
know  certainly  the  foundation  of  that ;  and  so 
far  is  true,  ihitt  after  i  bad  es|>ected,  for  ^oiiie 
time,  to  receive  from  the  sheriff-depute  of  thia 


*  wnof  tb«  iniw*iiger|  or  executor  thereof, 

*  MlKe  ifPfifiwiPipetit,  or  the  keeper  of  the  pn- 
'ht)  rrottfiiiii  tbeaame,  is  hereny  onlarned  to 

uM  doablir  iffittiedialclv  under  hi^  hand 
'  bimtelf.  for  nif*  end  after  »pe* 
i  by  the  pri- 
ir\Aiy  when  it 
t[it  c.jd  of  this  act— 
f^  all  close   imprison- 

''       \    ■'■'     '  ';  ^Mfl 

'MS 

i,T    ,u-..ll     ..    .    |,rU>e 

/.  thatftt  tti»>  2t.l 

iSpd,  *  Act  fur  the 

id  fauiibimnl  of  Ui'^U 


f 

lB»i^f  i^r  at  hN 

'Ia4f. 

*lb»eMMiilii»tnt^ 
*lHtorittiiiiin-t  ' 

Firvf  ki«f 
'^■vcfiKtt 


*  Treason  and  Misprision  of  High  Treason  fn 

*  the  Hie  blonds  of  Scotland,  ic. — And  it  is 
'  berifby  farther  enacted,  That  the  seveml  furls 

*  erected,  or  hereaiWr  to  be  erected  by  bis  ma- 

*  jesly,  his  heirs  or  successors,  within  tbe  said 

*  %hires  of  Dumbarton,  Stirling,  Perth,  luver* 

*  ness,  Argyle,  Slc,  or  any  ot  tbeno,  sbtill  be^ 

*  and  they  are  hereby  declared  to  be  lawful 

*  piisoti^,  for  (be  commitment  and  aafe  custody 
^  uf  oflenders ;  and  the  seTeral  and  respective 
»  officers  commouding  for  the  time  being,  in 

*  any  such  fort  or  forts,  are  hereby  impowered 

*  and  required  to  obry  and  execute  all   legal 

*  firders  and  warrants  that  shall  be  to  them  di- 

*  reeled,  for  tbe  receiving  and  detaining,  or  re- 

*  Uasingand  liberaliog  any  pciKon  or  persons 

*  committed  to  their  charge  or  custody  by  the 
'  ctril  magistrate.*  Which  laws,  as  they  are 
snpposed  to  be  known  to  every  snbject,  so  are 
they  more  especially  to  the  governors  of  forts 
and  keepers  of  prisons  ;  who,  if  they  transgress 
the  law,  are  to  be  reckoner]  oppressors,  and  are 
punishable  accordingly.  To  say,  that  military 
men  are  to  be  excused,  as  being  ignorant  of 
the  law,  is  no  better  than  to  make  a  joke  of 
liberty,  and  laugh  at  the  oppressed.  But  ig- 
norance of  the  law  is  tbe  plea  ;  and,  thank 
God,  they  dare  not  as  yet  avow  any  other;  a 
plea  which  may  aa  well  be  urged  by  the  per^ 
petraCors  of  tbe  greatest  uf  crimes ;  and  I  do 
not  bold  him  as  guilty  of  the  least,  who  shakes 
the  foundation  uf  pu!"lic  liberty,  by  removing, 
though  far  an  instant,  the  corner-stone  upon 
whicn  it  rests,  Ilow  far  that  was  done  here, 
will  appear  from  the  trial. 

*'  The  true  slate  of  the  case,  as  to  the  taking 
up  and  detaining  James  Stewart  in  prison,  is 
as  follows: — Glenurc  having  been  murdered 
on  tbe  14tb  of  May,  James  Stewart  and  bis 
eldest  son  Allan  were  made  prisoners  on  the^ 
16th  in  tbe  afternoon,  by  a  party  of  soldiers,* 
and  carried  next  day  to  Fort-William  ;  where 
they  were  imprisoned,  without  any  signed  in- 
fortnation  against  them,  or  warrant  for  so  do- 
ing; tbour^h  the  law,  as  just  now  shewn,  most 
expres!<>ly  directs  both.  It  is  irue*  there  ap- 
peared afier wards,  viz.  July  6,  a  warrant 
signed  by  the  Lord  Justice-Cferk,  and  dated  at 
Kdinburgh,  May  17.  But  as  Edinburgh  is 
three  days  journey,  or  88  computed  mile^» 
from  ForVVVIHiam,  it  can  never  be  pretended« 
that  (he  imprisonment  could  have  been  mad^ 
in  virtue  of  this  warrant  From  the  17th  of 
May  to  the  <Zist  of  August,  Juroe*  Stewart  wa« 
kept  in  close  confrneinent  (as  to  admittance  ta 
others  to  !iC€  binOt  excepting  once,  towardm 
Ihe  end  of  June,  when  a  tetter  of  dirvctions  to 
his  wife,  with  the  lorenaiil  act  of  parliament 
ugainKt  wroiiw^us  imprisonment,  were  shewn 
M  roldut'l  t.iawfnn^  the  then  commanding^ 
oiriter  ui  Fort-Wilham  ;  who  tbtrcupon  al- 
tuvTcd  Mrf.l&^evi'9tH  and  hrr  two  tittcrv,  to  i«r 


63] 


25  GEORGE  II. 


Trial  qfJamet  Stewart, 


r&i 


county  the  result  of  hU  inquiries  concerning' 
the  munler  of  Gleniire,  and  the  examinations 
be  had  taken  on  that  subject ;  these  were,  at 
leoi^th,  broti|;rbt  to  aie  at  Kdinburgb  by  cei:tain 

the  prisoner;  but  refused  admittance  to  every 
male  friend,  or  pcnM>n  capable  of  advising  and 
assisting  him  iu  bringing  on  his  trial.  At  the 
same  time  the  prisoner  sent  one  to  Barcaldine, 
Glenure's  eldest  brother,  to  demand  a  copy  of 
the  warrant  for  bis  imprisonment ;  and  received 
for  answer,  that  he  mi(>ht  get  it  from  the  jailor 
of  Fortt William.  All  this  I  have  seen  in  a 
letter  under  James  Stewart's  hand,  dated  June 
25.  Agreeable  to  the  directions  seat  to  Mrs. 
Stewart,  she  required  Charies  Stewart  notary 
at  Banavie,  first  to  aliew  the  act  of  parliament 
to  colonel  Crawfurd,  and  then  demand,  under 
protestation,  a  double  of  the  warrant  for  com- 
miittog  her  husband.  But  the  timid  notary 
flecUnM  the  employment,  and  left  tlie  place. 
The  cauie  of  which  behaviour  in  him  mav  be 
discovered,  bv  looking  st  his  deposition ;  where 
he  says,  '  Tnat  he  Tiad  formerly  declined  to 

*  act  (viz.  at  the  ejec(iou),  because  be  did  not 
'  care  to  disoblige  Glenure.'  And  if  this  was 
thought  by  him  to  be  a  good  reason  before  for 
Dot  acting,  it  was  become  a  stronger  one  now ; 
uhen  not  only  James  Stewart's  friends  were 
menaced,  but  the  whole  country  put  nnder 
terror.  For  Mr.  Stewart  younger  of  Balla- 
chclish  hsd  asked  from  Barcaldine,  at  the 
liouse  of  Glenure,  a  copy  of  the  warrant  of 
commitment ;  and  was  not  only  refused  it,  but 
told  by  Barcaldine,  that  it  was  none  of  bis  (Mr. 
Stewart's^  business ;  and  if  be  acted  any  for- 
Uierin  this  matter,  be  himself  should  be  taken 
up  and  imprisoned  likewise.  This  yonng  gen- 
tleman however,  seeing  himself  the  only  per- 
son that  had  courage  to  speak  or  ad  for  the 
prisoner,  went  to  JVlarybuigh,  adjoining  to  Fort 
William,  and  from  thence  wrote  a  letter 
to  colonel  Crawfurd,  earnestly  begging  to  be 
alkiwed  to  converse  with  the  prisoner  about  ex- 
press  business,  and  in  the  presence  and  hearing 
of  any  oflicer  the  colonel  should  be  pleased  to 
appoint.    To  this  letter  Mr.  Stewart  received 

the  folkiwing  answer. *  Fort- William,  3 

<  o'ckudc.  Sir ;  colonel  Crawfurd  desires  me  to 

*  acquaint  you,  that  you  are  represented  to  him 

*  as  a  person  entirely  in  the  ooulidence  andse- 
'cretsof  Allan  Breck  Siewart;  and  that  the 

*  intercourse  you  are  said  to  have  held  with  the 

*  supposed  murderer  of  Glenure,  at  the  time 

*  immediately  precedintf  the  murder,  makes  it 
'  (in  his  o|Mnioo)  improper  for  your  being  ad- 

*  wilted  either  to  the  prisoners,  or  as  a  friend 

*  into  the  garrison. — ^"rhe  colonel's  illness  lie 

*  hopes  will  be  an  excuse  for  not  writing  bim- 
'  self.    1  am.  Sir,  your  humble  servant,  (signed) 

Too.  Weldon.' 
*<  Now,  without  saying  any  thing  in  parti- 
eular  of  this  extraordinary  fetter  of  adjutant 
WeUoB,  is  it  not  evident,  that  the  foresaid  act 
•TpMrliMiient,  the  only  security  of  the  liberty 
«f  our  persoM  in  North-Britain,  was  despised 
mA  diitbeyad  in  a  moit  illegal  and  arbitrary 


of  the  family  of  the  deceased,  who  bad  taken 
upon  them,  as  it  was  very  just  and  natural,  to 
be  managers  and  conductors  of  the  inquiry, 
and  to  cause  to  be  brought  before  the  sheriff  to 

manner,  by  the  ^vernor  of  the  fort,  even  after 
it  had  been  put  Into  his  hands,  as  above  men- 
tioned, and  was  undoubtedly  read  by  him  P  But 
this  bsppeoed  in  the  highbuids  of  Scotland,  at « 
place  governed  by  miiitery  persons,  and  remote 
from  help,  check,  and  every  other  controul. 
— Soon  thereafter,  col.  Crawfurd  being  re- 
moved from  Fort- William,  Mr.  Leighton  took 
his  place ;  to  whom  the  prisoner's  wife  applied^ 
desiring  access  to  her  husband.  But  this  her 
legal  privilege  was  not  only  denied  her  by  the 
uew  governor,  but  she  was  told,  that  if  she  did 
not  immediately  depart  from  the  town  of  Ma* 
ryburgh,  she  would  be  put  in  prison  herself. 
Thus  tliis  poor  and  almost  distracted  woman  is 
driven  from  the  place  and  neighbourhood  of 
her  husband's  connoement,  and  <3>liged  to  leave 
him  in  a  friendless  and  forkim  state.  And 
some  time  after  this,  the  same  Mr.  Leightoa 
having  allowed  James  Stewart  to  write  a  letter 
to  one  of  bis  acquaintance  about  necessariea, 
James  ventured,  m  a  postscript,  to  comploio  to 
his  friend  of  the  closeness  ol  his  confinement, 
and  other  hardabi|>s  put  upon  bidi.  But  the 
letter  being  carried  to  the  governor,  to  be  reed 
by  him  before  it  was  sent  off,  be  went  in  a 
passion  to  the  window  of  the  prison,  and  tbere 
scoMed  James  fur  daring  to  write  sucb  a  pest- 
script  ;  and  throwing  the  letter  into  the  priaoB« 
assured  James,  that  if  he  did  not  write  bis  letter 
over  again,  and  keep  out  the  postscript,  oo  leU 
ter  should  be  allowed  to  go  from  him  out  of  the 
garrison. 

Pudet  ban:  opprobria  vobis, 


£t  dici  potuisse,  et  neu  putuisse  retelli. 

"  At  length,  on  the  Cth  of  July,  after  a  dose 
confinement  of  fifty  days,  a  double  of  the 
foreioentioned  warrant  from  the  lord  justioe- 
ckrk  was  delivered  to  the  prisoner.  And  that 
h  W88  on  tliis  day,  and  no  sooner,  can  be  in- 
atructed  by  a  letter  under  the  prisoner's  band| 
convej^iug  this  double  to  one  of  his  friends^ 
By  this  delay,  and  tlie  hitherto  dose  confine' 
ment  of  the  prisoner,  did  the  prosecutoxe  se- 
cure a  most  consequential  point ;  the  putting 
it,  to  wit,  out  of  the  prisoner's  jiower  to  bring 
ou  bis  trial  in  the  justiciary-court  at  Edinburgb, 
by  running  his  letters ;  where  his  agent  would 
have  had  daily  access  to  him,  and  the  assist- 
ance of  lawyers  could  have  easily  been  got,  in 
order  to  his  defence.  W  heress,  by  the  fure- 
mentioned  artful  and  unlawful  methods,  he  did 
nut  see  either  agent  or  lawyer  till  at  laverarjTi 
within  two  days  of  the  trial ;  unless  it  was  el 
Tyndroin,  where,  in  the  road  from  Fort-Wil* 
liam  to  Inverary,  he  accidentally  met  with  bia 
agent,  and  conversed  with  him  for  about  ea 
hour,  as  shall  afterwards  be  more  particulerijr 
taken  notice  of.  Still  the  prosecutors  had  it  n 
tbeir  power  to  have  given  bim  notice  of  bii 
Uial,  and  time  for  hie  agent  end  Uwycis  It 


63] 


for  Murder. 


A.  D.  1752. 


[66 


be  examined,  all  persons,  who,  according^  to 
Ibeir  ioforrnation,  €»iild  g^ite  any  light  iu  tlie 
affair ;  and,  with  the  examinations  so  taken, 
they  brought  alon^  with  them  to  me  three 
learned  counsel,  which  was  also  very  reason- 
able and  usual,  and,  as  in  all  other  cases,  was 

prepare  far  it,  by  bringing  it  on  in  the  way  of 
presentment,  or  what  is  commonly  called  the 
porteoos-roll.  But  they  were  not  so  disposed, 
oa'qg determined  at  any  rate  to  have  the  trial 
U  [nverary  ;  thoufph  contrary  to  the  opinion  of 
some,  that  on  all  other  occasions  used  to  direct 
tlie  condoet  of  the  chiefest  person  among  the 
private  prosecutors.  The  reason  will  readily 
occur  to  the  reader,  on  considering,  who  was  to 
be  tried,  at  what  place,  and  by  what  jury. 

'*  After  all,  criminal  letters  were  raised,  and 
printed  at  Edinburgh.  James  Stewart's  agent 
betng  informed  of  it,  earnestly  begged  a  copy  of 
the  libel,  which,  he  said,  was  a  favour  that  no 
pcfraoB  (if  the  least  humanity  could  refuse,  con- 
wdering  how  short  a  time  it  now  was  to  the 
ailtiog  of  ibe  court ;  and  that  if  no  copy  of  the 
ifldictmenl  was  g^ven  him,  and  advantafi^  was 
10  be  Uken  of  executing  it  at  Fort-William, 
three  of  the  fifteen  days  allowed  by  the  law 
must  be  elapsed,  before  it  could  be  transmitted 
from  the  prisoner  at  Fort- William  to  his  agent 
It  Edinborgh  :  so  no  sufficient  time  would  be 
left  bim  for  finding  lawyers  of  character  and 
expetieoce,  and  making  the  other  necessary 
preparali'ons  ;  as  roost  of  the  noted  counsel  in 
Ediaburgfa  had  been  industriously  taken  up  by 
ike  private  prosecutors  long  before  ;  and  it 
being  vacation -time,  the  rest  of  them  were  gone 
into  the  country,  oc  engaged  to  attend  the  other 
cireuit-cviuru.  Add  to  these  reasons,  the  time 
it  would  require  to  write  out  copies  of  the  libel 
far  the  several  lawyera  that  might  he  prevailed 
■yoB  to  appear  as  counsel  for  the  pannel,  in 
•rdcr  lo  their  considering  it  duly  before  they 
ifaaald  meet  at  I  nverary  ;  otherwise  it  might 
ioofc  fckcr  going  the^e  to^itiiess  the  form  of  a 
^1,  than  to  lie  of  any  service  to  the  pahnel ; 
which  tbey  could  not  bfe,  unless  timely  prepared 
fcr  it.  Yet,  strange  to  tell !  even  this  small 
and  usual  favour,  a  copy,  to  wit,  of  the  printed 
Iftei,  was  absolutely  refused  by  tlie  agent  for 
lbs  prosecutors ;  u  bo  always  shewed  (to  his 
frabe  'be  it  said)  the  greatest  diligence  in  car- 
rjiof  on  this  good  work.  Nay,  a  person  of 
pM  distinctioD  was  threatened  with  a  cOm- 
pUit  against  bim,  if  he,  in  compassion,  to 
vUefa  be  was  much  inclined,  should  give 
or  aiSer  a  copy  for  the  pannel's  agent. 
k  copy  however  was  procure<l,  by  mere 
afleidesL  It  happened  thus.— Such  care  was 
pikco  by  the  private  prosecutors  at  Mr.  Fleni- 
■g**  printing- hoosoii  while  the  libel  was  in  the 
press,  that  one  for  them  Mood  by  all  the  time ; 
and  ao  soon  as  it  was  finished,  the  tjpes  were 
Mbtf  do  wo,  or  discomposed,  and  all  the  copies 
csrried  mway.  It  hsippened  pmvidenlially,  us 
•as  then  thought,  tbmt  the  prouf-copj\  which  | 
bsd  been  thrown  into  a  corner,  was  picked  up  I 
ky  acttrions  strangeri  who  most  kindly  cariiud  j 

VOL.  XTX,  I 


to  myself  most  acceptable,  that  we  might 
jointly  consult  and  deliberate,  whether  from 
these  examinations,  and  the  discoveries  thereby 
made,  there  was  matter  sufficient  for  bringing 
this  pannel  to  trial;  upon  which  question  we 
all  agreed  in  the  affirmative :  But  these  three 

it  to  the  pannel*s  agent ;  who  caused  reprint  it 
immediately.  This  coming  to  the  knowledge  of 
the  private  prosecutor?,  complaint  thereof  was 
made  to  the  magistrates  of  Edinburgh :  the 
foresaid  stranger  was  called  before  them,  in 
order  to  be  prosecuted,  and  the  servants  of  the 
printing-house  were  threatened  with  punish- 
ment. But  a  certain  gentleman,  of  more  pru- 
dence as  well  as  interest,  hearing  of  tliis  in- 
tended process,  advised  it  to  be  dropt.  In  this 
by-way,  then,  the  pannel'a  agent  being  fur- 
nished with  a  copy  of  the  libel,  and  observing  ia 
it  some  extraordinary  articles,  especially  the 
general- one  relating  to  threatenings,  wa&  put 
mto  a  most  alarming  hurry,  to  prepare  for  the 
defence  of  his  client.  He  had  expresses  to 
send  to  different  lawyers  in  distant  places,  and 
rode  about  himself  night  and  day,  to  try  and 
persuade  two  able  counsel  at  least  to  undertake 
the  office.  Of  the  men  of  greatest  note  most 
were  pre-engaged  by  the  agents  of  the  other 
side ;  some  were  afraid  of  the  rainy  weather, 
anti  the  length  of  the  journey ;  others  of  re- 
sentment from  a  certain  quarter ;  and  many  re- 
fused altogether.  In  this  perplexing  state,  the 
pannePs  agent,  almost  ready  to  give  up  the 
cause  of  his  poor  client,  went  to  one  of  the  first 
counsel  against  him,  and  declared,  that  he  wan 
to  advise  the  pannel  to  throw  himself  upon  the 
court,  and  to  plead  his  own  cause  in  the  best 
way  he  could  ;  seeing  no  lawyers  of  weiglit 
could  be  found  to  speak  for  him.  But  this,  he 
was  told,  would  be  a  (Ies[ierate  course,  and  was 
advised  by  no  means  to  take  it.  At  last,  four 
very  sufficient  lawyers  (two  elder,  two  younger) 
were  prevailed  upon  to  go  to  Inverary.  And  • 
the  agent  having  succeeded  so  fur,  resolved 
next  to  go  to  the  pannel  at  Foil- William,  in 
order  to  learn  from  hinv^elf  what  (le  had  to  say 
in  his  own  defence.  Hut  being  informed,  in  a 
direct  manner,  that  not  only  the  pannel  himself 
was  kept  in  illegal  close  conKnement,  -but  that 
likewise  his  two  sons,  his  two  servants  the  Mac- 
colls,  ami  others  in  the  list  uf  witnesses  against 
him,  were  all  confined  in  the  same  illegal  way 
in  the  prison  of  Fort.-Witliam;  and  particular- 
ly, that  the  said  two  Maccolls  had  been  kept 
there  in  shackles,  or  hand-cuffs,  for  the  space 
of  three  months,  and  a  third  Maccoil  (the  bou- 
man)  shackled  in  the  s:inie  way  some  shorter 
time;  he,  the  agent,  Jintged  it  proper  to  ask 
an  oriler  from  the  lord  justice  clerk  to  the 
keepers  of  the  prison  where  lliese  Witnesses 
were  detained,  to  give  aeress  to  the  agent,  to  see 
and  inform  these  prisoners,  (in  the  presence  of 
the  ofliccrs  of  th»^  garjjs<«i,  or  of  any  of  the 
jiibticfs  of  the  pencT  or  minister  of  the  gospel 
he  u»i;;lit  find  tlirre),  not  to  be  terrified  hy  the 
crnel  :;:id  iilr<!:il  trintiiieut  they  had  met  witli, 
and  to  .s\ver\r  no:hin<r  but  what  whs  true.  With 
F 


67]  25  GEORGE  11. 

geotlemeii,  though  Tery  able  in  their  profei* 
MOO,  were  not  til  the  ezperieoced  coaniel.  And 
as  it  is  my  comtant  with  to  see  every  pannel 
as  ahly  ildreDded  as  his  oaase  wilf  bear,  it  is 

this  Tiew  Mr.  Stewart,  the  pannePs  agent, 
gate  in  the  following  Petition : 

••  Unto  the  Right  Honourable  the  Lord  Jus- 
tice-Clerk: 

**  The  PETmoN  of  James  SrEWAiir  in  Aocham, 
Allan  and  Charles  Stewart  his  sons,  Doanl 
and  John  Blaccolb  hisserfants,  Alexander 
"Stewart  packman  in  Appin,  John  MaccoH 
bouman  to  Appin  in  Koalisnacoan,  and 
Juhn  Carmichael  miller  in  KinlochleTOu, 
all  prisoners  iu  Fort- William,  or  trans- 
ported from  that  to  Inrerary. 

"  Humbly  sheweth  ;  That  your  petitioners 
Were  in  May  last  apprehended,  and  incarce- 
rated in  Fort-Williaoi,  upon  suspicion  of  being 
art  and  part  in  the  murder  of  Colm  Campbell  of 
Olenure,  deceaied ;  and  have  been  close  confined, 
and  no  admittance  allowed  to  theiA,  since  they 
were  incarcerated,  though  frequenfly  required ; 
notwithstanding  the  act  of  parliament,  in  the 
Tear  1700,  anent  wrongous  imprisonment,  pro- 
hibits and  discharges  close  confinement  of  any 
prisoners  after  eight  days  ftom  the  time  of  com- 
mitment 

*'  May  it  therefdre  please  your  k>rdship,  to 
grant  warrant  and  ordam  the  gOTemor  of  Fort- 
William,  and  all  other  keepers  of  prisons  where 
your  petitioners  are,  or  may  be  sent,  to  gi?e 
free  access  and  admittance  to  all  persons  who 
shall  desire  to  see  and  conferee  with  your  pe- 
titionere,  for  their  defence,  or  any  other  lawful 
affairs. — Acdbrdincr  to  justice,  ^c, 
**  (Signed)  A.  8tc\vart,  doer  for  the  petitioners. 

**  On  this  Petition  the  following  dehferance 
was  given : 

«'  The  Lord  Justice-Clerk  having  considered 
the  above  Petition,  and  having  interrogated  Mr. 
Stewart  who  signs  the  same,  whether  he  had 
instructions  from  all  or  any  of  the  prisoners  in 
whose  name  the  petition  is  offered,  to  complain 
of  their  being  confined  otherwise  than  agree- 
ably to  the  directions  of  the  act  of  parliament 
anent  wrongous  imprisonment  ?  and  he  having 
answered.  That  he  had  written  instructions 
from  James  Stewart,  one  of  the  petiiionen,  to 
set  forth  as  above,  but  no  direct  order  from  the 
other  persons  themselves* ;  grants  warrant  to, 
and  requires  the  keepers  of  the  prison  at  Fort- 
William,  and  recommends  to  the  commanding 
otiicor,  to  give  access  to  the  friends  and 
lawyers^  at  all  proper  and  convenient  times,  to 
see  and  converse  with  the  said  Jamea  Stewart, 
in  order  to  prepare  for  his  defence ;  a  criminal 

*  "  Mr.  Stewart  offered  to  give  oath  upon 
it,  that  he  was  properly  instructed  to  make  this 
ap|)lication,  hut  did  not  chuse  to  shew  his  letter 
of  instructions,  it  containing  tbingi  not  yet 
f  roper  to  be  known." 


Trial  of  James  Sietoartf 

with  oleasure  that  I  now  see  this  ptnnd  at- 
tended by  lour  of  my  brethren,  who  I  am  sur* 
will  omit  nothing  material  for  bis  service.  ' 
Upon  the  cause  itself,  there  is,  in  reality,  no 


libel  having  issued  against  him,  in  order  to 
his  trial  at  the  circuit-court  to  be  held  at  In- 
verary :  but  refuses  to  interpose  as  to  those 
who  have  given  no  express  direction  to  com* 
plain  of  the  keepera  of  the  prison  where  they 
are  said  to  be  confined,  or  to  give  any  orders  as 
to  keepere  of  prisons,  who  are  not  accused  as 
having  done  any  thing  contrary  to  the  duty  of 
their  oflice. — Given  at  Edinburgh  tbe  SOtn  of 
August  1759«— (^S^^)  Ch.  Are8K«£. 

**  And  here  let  it  be  remarked,  as  an  occor- 
renoe  in  these  proceedings,  not  the  least  extra- 
ordinary, that  a  British  subject  waa  obliged  to 
sue,  as  a  fiivour  from  a  judge,  for  what  be  had 
a  right  to  by  his  birth.  But  it  was  still  inore 
extraordinary,  that  that  favour  was  refused  m 
some  parts,  and  scarce  muted  in  any.  The 
great  officer  of  justice  who  was  applied  to,  ex- 
pressly refuses  to  interpose  as  to  some,  vis.  . 
those  who  have  given  no  directions,  though 
he  owns  they  are  said  to  be  confined,  (uA' 
whose  confinement  prevented  them  finom  gi? • 
ing  directions) ;  and  refuses  to  give  any  oideni 
to  jailon  who  are  not  accused  of  having  done 
any  thing  contrary  to  the  duty  of  their  office  ; 
as  if  the  very  applicatiou  to  him  did  not  import 
a  breach  of  their  duty  in  the  grossest  manner, 
in  defiance  of  law,  nay  of  a  law  the  most  sa- 
cred barrier  of  tlie  riffhts  of  the  subject.  This 
is  what  he  refuses :  let  us  see  what  he  graufs. 
He  grants  sn  order  to  the  jailor,  and  ne  re- 
commends to  the  commanding  officer  of  Fort- 
William,  to  give  free  access  to  James  Stewart, 
one  of  the  prisonera,  a  criminal  libel  haring 
issued  against  him,  as  if  that  dreumstmnce 
was  the  reason  of  the  admission.  The  words 
of  the  act  are  free,  as  the  natural  rights  of 
mankind,  from  which  it  was  derivra^'^end 
which  it  was  calculated  to  ascertain.  It  is 
an  inhumane  restraint  on  the  most  valuable 
of  human  blessinsrs,  liberty,  that  that  law 
meant  to  ward  off":  and  all  that  are  impri- 
soned, are  equally  entitled  to  its  protection. 
It  is  not  to  the  pannel,  nor  tu  the  witness,  bat 
to  the  prisoner,  under  whatever  denominatioii, 
that  it  extends  its  relief.  And  surely,  if  any 
distinction  had  ever  been  intended,  witneMfen 
would  have  been  the  last  to  have  been  included 
in  it ;  whose  information  is  more  necessary  to 
the  agent,  than  even  that  of  the  accused  him- 
self. But,  restrained  as  this  part  of  the  order 
already  appears,  this  is  not  all ;  for  it  was  di^ 
rected  to  the  jailor  of  one  particular  prison 
only ;  s  restriction  of  so  inuch  the  more  con* 
sequence,  as  it  will  appear  the  prisoner  was 
removed  from  that  prison  before  the  agent 
could  well  reach  it,  nay  and  in  consequence  of 
a  warrant  sent  from  Edinburgh  for  that  very 
purpose.  As  this  affair  will  suggest  sufficient 
matter  of  observation  of  itself,  1  shall  make 
upon  it  but  this  short  remark.  That  igtuMUMie 


§9]  ~^^^H^      for  Murder, 

fk^ea  to  1  dtbitoeti  the  retevaocy  oMIie  libel ; 
90f  ^kMS  lli«r«  ippear  to  me  to  be  aoy  iltf- 
» betvrixt  us  mmccnung  the  interlocutor 
lenre  or  ex{i«cl  to  receire  irom  jour 
1%  foe  iHi'  J  *  I  i»f  counsel  lor  tbc 
Tbvre  Ailmii  i  ocity  of  the  crime 

bijxi  AS  struiigiy  qb  I  am  able  to 


1.0.  1752. 


[70 


I 


JkB  hm  CMDQt  be  pleaded  in  this  case^  as  it 
v»is  ihil  4>f  the  military  jailors*  Nor  let 
llot  f«HllcQicti  take  ofTenee  at  this  apnella- 
Ml  {  im  mtMoe  ihev  submit  to  the  drudgery 
^~  my  ao  «iQfse\  ol^  the  ofiice^  let  them  bear 
liiatMHioiir  of  ibe  name:  fur  little  is  the 
between  bein^  exborled  by  recom* 
If,  or  compelled  by  orders,  to  the  ex- 
'  iba  fuDotion,  unce  exercise  it  they 
10  return  (Votn  a  digression,  which 
i  will,  it  is  hoped,  eJCcuse : 
fe  deHverance  was  sent  by  express 
%m  F«rt  Wtnkin,  the  panorl  was  served  with 
iW  ofittbftl  letters  on  the  21st  of  August, 
I  iajB  before  the  trial  came  on  ; 
rtoif  hw  of  these  days  ibr  the  troops 
wHii  their  prisoner  from  Fort  Wil- 
» Ifffcrmry,  and  tiie  three  Suudays  that 
d,  there  rem  tuned  only  twelve  free, 
MSI  precious  days, 
^  Tb«  pexiner^  agent  having  taken  at  Edin- 
hmgb  mbmi  previous  stepiit  (he  shortness  of  the 
liaft  avowed  bun  to  do,  set  out  for  Fort  Wil* 
Uftm  OQ  ibe  ftasit  day  of  August ;  and,  on  the 
Sd  of  8etttrmber,  met  acculentatly  with  the 
leoael  at  Tyndrom,  ^uiirded  by  a  party  of 
I,  in  their  way  from  Fort  William  to 
iry*  lie  instantly  applied  to  the  com- 
0(fficer,  and  desired  leave  to  imeak 
r  sriiooer*  TUlh  uas  at  first  renised 
hf  ibe  officer,  btfcauhi!  of  his  orders,  and 
Ibe  cBoliiied  warrant  thut  \vn%  shown  htm  by 
teafem  :  but  at  last,  with  great  difficulty ,  he 
VMeUvvetl  ij  converse  with  the  prisoner  for 
I  bofir.  The  agent  then  found  himself 
to  ride  on,  c^ven  into  the  country  of 
iital  lie  uuLitit  there  search  the  pannePs 
and  t  il  of  facta,  &c.     Bnt 

•bat  via  bi*  -  ,  .  when  arriving  at  Au* 
lkam*tke pa»ni4  »d wt^lling  bouse,  he  tound  ibat 
hk  iapa»ilflrici  bad  bff>n  opened  and  examined, 
Acit  4»tfiEfc»t  liitit-  i] out  any  warrant, 

If  Dear  ralaaioas  i)\  uiort,  assisted  by 

iwirtary  fon  4  away  whatever 

pftfstliejti  lilt  tbetr  purpose. 

Bfdmoetrsvi  iKii  u*  imi  tnry,  where  he  met 
of  ibe  paimcrs  laN^^ers  oci  3Jutiday 
^irH  tbe  7lh  '-*  w  ^.-...1 ..  ,r  s    r-  the  imh 
h»U<.    Tbry  n  to  ihe 

pumel;    bot^u^        :„.,.  ,.i,  :.>ienoon, 

•bea  Cbera  icmaim-d  but  a  duy  and  a  halt  to 
ila|aaa<f  to  mi'^^nv  tnK  tLKut  lor  the  drawing 
•  ilale  iv  I ^  counsel  for  pre- 

ibe  proper  inter- 
I  im  the  VT  This  iras  a  work 

aordjr  rcti|utrt*i  '>  bnger  time»  as 

eaeiy  ptranti  uf  the  l»^  >rtce  iu  these 

till  are  }    end  i  the  lav  hai 

k  iiji  al  kAf  t.^ 


L    Cd 

r  5t 


express  It:  snd  ihey  tartiier  admitteil,  ns  ibejrJ 
must  have  done,  that  the  chargin«t  the  panuetl 
as  being  guilty,  or  art  and  part  of  that  crime«| 
is  relevanl:  lo  infer  the  conclusion,  and  nec^s* 
I  aarily  requires  his  being  remitted  to  the  know- 
ledge of  an  assize,  whether  be  is  so  guil^J 
or  not.  / 

And,  on  the  other  hand,  I  readily  admit  tul 
them,  that  the  laudable  and  just  practice  of  I 
this  court,  vf  later  years,  hftth  been,  not  to  find] 
or  determine  a  particular  relevancy  upoa  cer« 
tain  facts  or  circumstances  set  forth  in  the  iful)«] 
sumption,  or  minor  proposition  of  the  lihej,] 
which  is  indeed,  in  some  measure,  to  pre*  I 
occupy  the  province  of  ihejury^who  are  thttl 
judgi'S  of  the  fact,  and  is  also  dangerous  to  the  \ 
course  of  justice;  because,  when  a  number  uf  J 
facts  and  circumstances  were  found  jointly  re-  j 
levant  to  infer  the  pannePs  guilt,  it  the  least] 
material  of  these  should  not  be  proved,  %l*  I 
though  a  more  pregnant  circumstance,  that  J 
was  not  specially  libelted  or  expressed  in  thai 
interlocutor,  should  come  out  upon  the  evi»| 
dence,  if  the  jury  followed  the  directions  ofl 
that  interlocutor,  and  adapted  their  vprdict  ta I 
it,  the  pnnnel  behoved  to  be  acquitted,  thougb  1 
in  reality,  and  in  their  opinion,  he  was  guilty,    I 

It  was  not,  therefore,  with  intent  that  your'l 
lordships  should  give  your  opinitm  upon  tber 
relevancy  and  sufficiency  of  the  facts  and  cir-  ] 
cumstances  set  forth  in  this  libel,  that  thesa] 
were  so  particularly  there  inserted  ;  but  this 
was  done  agreeably  to  some  of  the  best  prece*  I 
dents  in  the  records  of  this  court,  for  the  fur-  ' 
therauce  of  jnsliee,  both  iu  respect  of  tlie  pro-  ' 
secutors  and  of  the  pannel :  for  the  former, 
that  as  the  evidence  to  be  brought  is  circum-  | 
staotial,  the  jury  may  be  the  belter  enabled  td 
ponder  the  several  circumstances,  and  connect  | 
them  together,  and  attend  to  the  evidence  that 
shall  be  brought  for  nroof  of  them  ;  and  for 
the  sake  of  the  pannel,  that  he,  knowing  tha 

*  As  to  the  ustirpstion  in  this  respect  upon 
the  province  of  the  jury  which  was  practtseil 
ita  Scotland  for  a  period  terminating  not  verf 
many  years  before  (he  time  of  this  Trial,  sea 
in  Mr.  Hume's  Commentaries  on  th<  Law 
of  Scotland  respeciiiig  IVial  for  Crimes,  tha 
history  of  the  charge  of  Art  and  Part  (chap.  7}| 
ami  more  particularly  the  history  of  the  mter- 
locutory  of  Rtlevancy  (chap.  10).  See  also 
A  rBot*s  observations,  (in  his  Collection  of  Cri- 
minal Cases,  p.  174  )  already  quoteil,  npno  the 
usurpations  which  the  Courts  in  Scotland  after 
the  HestoratioQ  exercised  upoti  the  province  of 
the jury. 

By  titis  usurpation,  If  I  rightly  understand 
the  matter^  the  jury  were  precliiWtd  from  con- 
si  deri  Kg  not  only  the;  le|L,'At  '^uilt  of  the  utfence 
charged,  but  also  the  suthciency  of  the  indkiu 
alleged  to  prove  that  fact ;  and  their  province 
w  as  confinetl  to  the  considcnitiou  whether  those 
indiciu  had  beeti  provedt  Hi;p,  as  connecti^d  ,' 
with  this,  the  passa^^e  from  Mr.  H^inie  ctted  iti 
a  note  to  the  conclusion  if  AIi.  Brown's  reply » 
ia  fav  our  of  the  paitoeU 


71 


25(M<:ORGE  II. 


7  rial  ojjatita  Steaiart, 


[72 


jiriiicipul  facts  that  were  to  be  proved  is  sup- 
port ot'  the  charnre  a&fainst  him,  might  prepare 
the  evidence  for  his  vindicatioo,  and  for  ex- 
ulaiuing  those  appearauces  of  guilt  with  which 
lie  was  loaded,  in  the  best  mauner  he  should 
be  able. 

Another  thing  concerning  the  interlocutor 
to  be  pronounc^  by  your  lordships,  in  which 
I  most  readily  agree  with  the  pannel's  counsel, 
is,  that  he  should  be  allowed  to  prove  the  se- 
▼eral'facts  alleged  for  his  defence,  and  evefy 
pertinent  fact  or  circumstance,  that  he  or  his 
counsel  think,  may  be  available  for  proving  his 
innocence. 

And  thus  far  we  seem  to  be  agreed  on  the 
terms  of  the  interlocutor,  if  the  tnal  is  at  all  to 
proceed ;  against  \rhich  one  previous  objection 
tiath  been  made,  namely i  That  this  pannel, 
mIio  is  only  said  to  he  ciiarged  as  accessary, 
cannot  be  tried  before  the  principal,  Allan 
Breck,  be  first  discussed  :  in  support  of  which 
objection,  they  ^ave  alleged  certain  passages 
in  'he  old  books  of  the  law,  and  sir  Geo.  Mac- 
Jtenzie  in  his  Criminals,  title  Ait  and  Part, 
parag.  9. 

'  But  to  thi%  I  answer,  iirst  of  all,  that  sir 
George  Mackenzie  himself,  in  the  passage  re- 
ferred to,  furnishes  an  answer  to  the  objection  ; 
for.  af\er  stating  the  question,  whether  acces- 
saries can  be  suctl  till  the  chief  actors  be  first 
discussed,  and  quoting  the  passages  in  the 
Hegiam  Majestatem,  and  other  old  books  that 
fivour  the  negative,  he  adds  a  decision  of  that 
question  in  this  court  in  these  words :  ^*  not- 
withstanding all  which,  Charles  Itobertson 
being  pursued  as  accessary  to  the  casting  down 
of  a  hoiiso,  which  was  libelled  to  have  been 
cast  down  by  his  sons  and  servants  at  his  coin- 
maml,  the  justices  fuund,  that  he  might  lie  put 
to  the  knowledge  of  nn  inquest,  although  the 
children  and  servants  were  not  first  discussed ; 
because  the  act  appointing  a  libel  to  be  relevant, 
bearios:  strt  and  part,  did  abrogate  the  foresaid  ; 
4tli  verse,  26ih  chap.  I.  4.  H.  IVI.  since  such  as 
are  pursued,  as  art  and  nart,  are  all  principals/' 
This  was  the  decision  or  the  Court  and  the  rea- 
son of  it,  founded  on  the  act  1592,  chap.  153, 
which  enacts,  *'  That,  in  time  coming,  all  cri- 
lu.inal  libels  shall  contain,  that  persons  com- 
plained on  are  art  and  part  of  the  crimes  li- 
belted  ;  which  shall  be  relevant  to  accu.^eihera 
thereof;  so  that  no  exception  or  objection  lake 
away  that  part  of  the  libel  in  time  coming." 

The  author  proceeds  in  the  same  passage  to 
I'ccite  some  part  of  the  argiimeot  previous  to 
this  decision ;  and  says,  <'  That  the  advocate 
alledged,  it  were  alnturd,  that  the  king  should 
be  prejudged  bv  the  absence  of  the  princifial 
party  ;  to  wiiich  it  was  answereil,  that  the  king 
was  not  preiudged,  seeing,  if  the  principal 
party  were  discussed  and  denounced  fugitive, 
the  accessary  might  be  proceeded  against." 

Now  this*  is  what  hath  been  done  in  the 
])resent  case :  Allan  Breck  Stewart  htth  been 
called  upon  to  stand  trial  tor  his  part  in  the 
same  offence,  and  hath  been  denouDced  fagi* 
tive  for  not  appeariog  to   abide   his   trial; 


which  is  discussing  him  as  far  as  the  laws  of 
this  land  admit  of,  when  his  person  is  not  in 
custo<ly. 

But  further,  it  is  to  be  observed,  that  Allan 
Breck  is  not  charged  in  this  libel  with  being 
Uie  principal,  and  this  pannel  as  only  accessary 
to  the  murder  of  the  deceased  G  tenure  ;  they 
are  both  charged  in  the  same  words  iVilb  being 
guilty,  actors,  or  art  and  part  of  the  said  beinoiAt 
crime  ;  that  is,  in  the  terms  of  the  statute  of 
king  Ja.  6,  just  mentioned  :  and  though  it  be 
true,  that  in  the  subsumption  or  recital  of  the 
facts,  it  is  said,  that  the  actual  murder,  or  firing 
upon  the  deceased,  was  committed  by  Allan 
Breck,  it  is  also  said,  that  this  was  d6ne  iq  re^ 
venge  of  the  quarrel  which  this  pannel  took 
up  against  the  deceased,  and  in  pursuance  of  a 
concert  or  conspiracy  betwixt  the  pannel  and 
Allan  Breck,  to  take  away  the  life  of  Glennre; 
and  such  being  the  case,  they  are  in  reality 
both  principals.  By  the  law  itself  (I.  15  ad 
legem  Corneliam  desicariis)*'  mandator  dedis 
pro  homicidft  habetur :"  and  the  learned  Ma- 
theus,  de  Criminibus,  in  hb  prolegomena,  e.  1, 
§12.  '*  qui  mandant  scelus,  quique  mandatusa 
exequuntor,  utrique  rei  sunt,  et  ordinariv  niH- 
dem  pcense  snbjugandi,"  and  for  proof  of  tnis» 
brings  many  arguments  and  authorities ;  and 
inter  alioj  **  cum  quis  alicui  mandat  scelus, 
raandantem  quidem  caput  esse;  mandatarium 
vero  manum,  et  instrumentum  mandantis. 
Hinc  sacro  quoqute  oracolo  ccedes  Uriie  Davidi 
impingitur,"  U  »am.  xii.  9.  in  which  text  the 
words  of  Nathan  the  prophet  to  David  are, 
''  Thou  hast  killed  Uriah  the  Hittite  with  the 
sword." 

And  indeed  it  seems  not  to  be  agreeable  to 
reason  or  natural  justice,  to  hold,  that,  if  this 
Allan  Breck,  for  instance,  the  actual  manslayer 
in  the  present  case,  instead  of  making  his 
escape  beyond  sea,  as  probably  he  hatb,  had 
died  a  natural  death,  and  so  become  out  of  tbs 
reach  of  all  human  laws,  before  this  trial  ooaM 
be  brought  on  ;  and  supposing  the  most  direiA 
and  positive  evidence  could  be  brought,  that 
Breck  committed  the  murder  libelled,  by  the 
counsel,  command,  or  direction  of  tliis  pannd, 
or,  as  our  old  laws  express  it,  'out* hounded' by 
him,  that  yet  this  pannel  could  not  be  brought 
to  justice,  because  truly,  though  the  author,  be 
was  not  the  very  actor  cadis. 

But  that  such  is  not  the  law  of  Scotland  at 
this  day,  besides  the  case  mentioned  by  sir 
George  Mackeu/Je,  1  need  only  remind  your 
lordships  of  the  very  last  trial  in  the  Court  of 
Justiciary  at  Edinburgh,  of  James  Drummond 
Macgregor,  for  hebg  guilty,  or  art  and  part  of 
the  crimes  of  hamesucken,  forcible  marriage, 
and  rape:  for  all  which  the  trial  proceeded 
against  him ;  and  though,  in  the  crime  of 
hamesucken,  he  and  his  accomplices  mieht  be 
all  equally  principals ;  yet,  in  the  forcible  mar- 
riage and  rape,  Robert  his  younffer  brother,  to 
provide  whom  with  a  wife  and  fortune  that 
wickedness  was  committed,  was  no  doubt  the 
principal  party  and  actor  ;  and  yet  Robert  had 
been  no  otherwiie  discnsscd  than  Alten  Breck 


73] 


Jar  Murder, 


A.D.  1752. 


[71 


hu  been  m  the  pretent  case,  that  is,  called  upon 
ta  abule  his  trial  Tor  these  offences,  and  pro- 
DOUDoed  a  t'ugiliTe  for  not  so  doinsf. 

At  for  the  argument  which  the  counsel  for 

the  nuinci  have  chiefly    insisted  upop,   and 

irlueo  ihey  have' professedly,  and  1  think  not 

impropcriy,  calculated  for  the  jurors  who  now 

bear  as,  namely,  to  impugn  the  relevancy  or 

aaffidaocy  of  the  several  facts  and  circum- 

ilascefl  libelled  to  infer   the   panoePs  being 

^'hy,  or  art  and  part  of  the  murder  in  qui^s- 

lioe ;    I  do  not  chuse  at  present  to  enter  parti- 

ealariy  imo  that  argument,  but  to  reserve  that 

tiU  we  come  to  anm  op  the  evidence  to  the 

junr,  Mieh  aa  it  shall  come  out  in  their  presence; 

which  may  poHibly  in  some  articles  be  weaker, 

aad  10  others  stronger,  than  what  is  set  forth 

in  the  libd  from  the  materials  that  we  then  had 

bifiire  ua  ;  hot  io  order  to  shorten  our  work  at 

the  end  of  a  long  trial,  and  to  en^^age  the  at- 

teatioD  of  the  jury  to  the  evidence  that  shall  be 

Vravght  before  them,  in  support  ot  this  libel,  1 

beg  leave  now  to  make  a  general  observation 

or  two  far  their  sake. 

h  hath  been  admitted  by  the  counsel  for  the 
wt  even  in  the  trial  of  crimes,  circom- 
I  evidence,  when  clear,  is  not  only  com- 
petent, bat  perhaps  the  most  satisfying  and 
eoDvinciog  proof  of  any ;   and  it  was  well  said, 

*  that  circumstances  are  inflexible  proofs  ;  that 
witncases  may  be  mistaken  or  corrupted  ;  but 
tUngs  can  be  neither:'*   to  which  I  will  add, 

*  See  Burnett's  Treatise  on  Various  Branches 
tf  the  Criminal  Law  of  Scotland,  chap.  xxi. 

See  also  to  the  same  eflect  Paley's  Princi- 
fks  of  Moral  and  Political  Philosophy,  book  6, 
chap.  9,  vol.  a,  p.  299,  8voed.  of  1811. 

1  csaiifass,  it  seems  to  me,  that  the  compara- 
tiie  cogencv  of  circumstantial  evidence  has 
^«a  asmetuDes  estimated  too  highly,  and  no* 
Mad  with  perfect  justice.  <^  In  this,"  savs 
Mr.  Burnett,  <*  circumstantial  evidence  (the 
vitaeans  being  all  credible)  differs  from  posi- 
lif^  that  in  the  former  there  is  not  the  same 
nk  of  error  and  falsehood.  Witnesses  to  the 
6ei  uMy  be  mistaken,  or  may  falsify—*  they 
■ay  err,'  as  lord  Stair  says,  *  through  inad- 
venoiee  or  precipitancy,  and  through  the  se- 
ott  insinaationa  of  favour  and  hatred  which 
Aey  thenaselves  do  not  perceive.' " 

**  Circumstances,"  says  Paley,  "  cannot  lie." 
^  If  the  alleged  circumstances,  from  which  a 
^  is  calM  upon  to  infer  guilt,  were  to  be 
vitessed  by  the  jurors  themselves,  these  com- 
■cadatioDS  of  circumstantial  as  contrasted 
vilb  direct  evidence,  would  he  much  nearer, 
tba  they  are,  to  the  truth. 

•  Mr.  Hume,  (Comm.  Trial  for  Crimes,  vol.  2, 
chap,  zv,  p.  237),  treaU  the  subject  with  much 
jsdgneot  and  fairness  : 

**  J  have  assumed  it,"  he  says,  "  as  a 
lawful  Iking  to  convict  on  circumstances 
Mriy :  and  I  will  not  liere  multiply  caseH  in 
psefefapoaitiun  which  boot  only  vouched 
ky  the  whale  Mries  of  oor-crimiDal  records,  but 


that  the  competency  of  such  evidence,  for  in* 
ferring  the  ordinary  capital  punishment  for 
murder,  was  solemnly  decided  in  the  Court  of 
Justiciary  at  Edinburgh,  in  February  1718,  in 
the  trial  of  Stewart  A&rcrombie,  for  the  mnr- 

also  is  grounded  in  reason  and  necessity,  and 
the  law  and  practice  of  all  other  civilized 
realms.  Certainly  it  must  be  allowed  on  the 
one  side,  that  in  anv  case  of  pure  circumstan- 
tial  evidence,  it  is  atways  possible  that  the  pri- 
soner may  be  innocent,  though  every  parti- 
cular he  true,  to  which  the  witnesses  have 
sworn;  a  thing  that  cannot  happen,  where 
they  swear  directly  to  the  deed,  as  done  in  their 
own  presence.  But  on  the  other  side,  such  is 
the  difiiculty  of  contriving  an  apt  and  coherent 
train  of  circumstances,  that  perjury  is  far  more 
easily  detected  in  cases  of  thift  description:  and 
thejust  influence  of  the  former  consideration 
is  not  utterly  to  exclude  a  sort  of  evidence, 
which  is  often  irresistible  to  the  mind,  and 
which,  with  respect  to  many  crimes  is  tbe  only 
sort  of  evidence  that  can  ordinarily  he  obtained; 
but  to  recommend  to  jurymen  the  propriety  ot* 
caution  and  reserve,  m  which  indeed  they  are 
seldom  wanting,  as  to  the  sufliciency  of  the 
presumptions  of  guilt,  on  which  they  are  t6 
condemn."  ' 

Undoubtedly,  each  sort  of  evidence  fur- 
nishes cases  of  very  various  degrees  of  strengtii ; 
but  in  considering  the  merits  of  the  two  sorts, 
it  seems  not  to  be  a  legitimate  procedure,  to 
state  on  the  one  hand  a  very  strong  or  a  very 
weak  case,  without  stating  on  the  other,  a  case 
as  nearly  as  may  be,  of  correspondent  strength 
or  weakness.  When  it  is  said,  *^  witnesses 
to  the  fact  may  be  mistaken,  may  falsify,  may 
err  through  inadvertence,"  &c.  it  should  be 
recollected  that  all  this  is  not  confloed  to  wit- 
nesses of  direct  facts,  but  extends  also  to  the 
witnesses  of  circumstantial  facts ;  when  it  is 
said  that  circumstances  cannot  lie,  it  should  be 
recollected  that  the  relators  of  circumstances 
can  lie,  and  that  circumstances  themselves 
may  deceive ;  when  it  is  said  that  the  concert  of 
a  number  of  persons  to  impose  on  a  court  of 
justice  a  tissue  of  manifold  falsehoods  is  im- 
probable of  contrivance,  difficult  of  execution^ 
and  easy  of  detection,  it  should  be  recollected 
that  circumstantial  evidence  contains  not  al- 
ways either  numerous  circumstances,  or  cir- 
cumstances which  are  attested  by  numerous 
witnesses ;  when  it  is  said  that  circumstances 
trifling  in  themselves  may  by  concurrence  .su- 
perinduce decided  conviction,  it  should  be  re- 
collected that  the  more  trifling  in  itself  is  any 
circumstance,  tbe  greater  is  thc^ probability  that 
it  was  inaccurately  observed,  and  has  bc»n  er- 
roneously remembered.  It  is  to  be  hoped,  that 
false  witness  is  not  oflen,  either  by  design  or 
thn»iigh  misuke,  given  against  culprits.  It 
should  however  always  be  recollected,  -  that 
this  is  the  only  fallacy  to  which  a  judgment 
founded  upon  direct  evidence  is  liable ;  whereaa 
■  jud^^ment  founded  upon  circumstantial  evidence 
is  liable  not  only  to  this  fallacy  of  false  witnea^ 


75] 


S5  GEORGE  II. 


Trial  qfJawet  Stewart, 


[76 


ilcr  of  Atexander  Hay,  Mm  to  Mr.  Robcirt  Hay 
01*  Nau^btou  \  in  which  the  art^ument  was 
treated  with  great  learuiog,  aud  full  infomia- 
tJoiis  on  the  debate  wrillen  by  the  now  lord 
proaident  of  the  court  of  aeasioii,  who  was  the 
prosecutor,  and  by  the  now  lord  justice* clerk, 
who  was  of  counsel  for  the  pannel.  And  I 
mention  that  case,  which  1  have  lately  peniseil 
in  the  record,  to  rive  your  lordships  and  the 
jury  aspectnenof  a  circumstantiiil  eridenceof 
murder,  that,  in  iu  general  nature  or  com- 
plexion, was  Tery  simUar  to  the  present :  the 
case,  there,  in  short,  was,  that  some  days  be- 
fore the  murder,  Mr.  Hay,  the  deceased,  and 
SlewMt  Abercrombie  the  pannel,  had  been,  in 
company,  when  Hay  complained  of  an  atfront 
given  hun  by  Abercrombie ;    upon  which  no- 

but  also  to  those  of  false  inferenoes-^iu  other 
wordS|  that  direct  evideuoe,  if  true,  cannot  pos- 
sibly mislead,  whereas  circumstantial  erideuce, 
though  in  all  its -parts  most  strictly  true,  may 
yet  mislead  most  grossly  and  most  fai^lly. 

Mr.  Burnett,  in  his  chapter  (sxi)  on  Pre-, 
samptire  EridtAce  (p.  5S8),  notices  that, 

"  Beccaria  mentions  a  singular  practice 
which  preraiM  in  the  parliament  of  Tboulouse 
of  admitting  fanciful  numerical  estimates  of 
inconclusive  circumstances  to  make  out  a  le- 
gal proof;  thus, «  hearsay  might  be  a  quarter ; 
anoUier  hearsay,  perhapa  more  vague,  an  ei^^hth 
of  a  proof;  and  thus,  what  is  no  evidence,  might, 
by  this  artificial  and  absurd  combinatiou,  be 
made  to  amount  to  legal  pi  oof.*' 

It  is  observable,  that  from  about  1690  to 
about  1796  (see  Hume's  Comm.  Trial  for 
Crimes,  chap  10,  vol.  2,  pp.  49—67,)  a  prac- 
tice of  a  nature  somewhat  similar  to  that  of  the 
practice  which  Beccaria  relates  of  the  parlia- 
ment of  Thoulonse,  seems  to  have  prevailed  iu 
the  courts  of  Scotland.  It  is  thus  exhibited 
by  Mr.  Hume  (p.  6  J).  *•*  1  cannot  propo^y 
Miit  to  mcotiiin,  that  this  fashion  of  wei>;hing 
artictdately  the  several  presumptions  in  a  hliel 
proved  the  ground  (at  least  1  can  6ud  no  other 
account  of  it)  of  a  still  more  irregular  ground 
of  judgment,  which  was  thus :  At  the  same 
time,  that  the  whole  presumptions  libelled 
wero  found  jointly  ivlovant  to  infer  the  pan- 
iial*s  guilt  of  the  crime  charged,  S'ld  to  sub- 
iect  him  to  the  full  |iains  of  law ;  separate  re^ 
levaocies  were  fouiid  of  arbitrarv  and  inferior 
piuishmeiit  on  these  prosumptions  severally, 
or  certain  moro  limited  combinations  of  them. 
In  some  situations  a  judgment  of  this  sort  may 
no  doubt  be  proper,  and  suitable  to  the  rase ; 
because  it  may  happco  thai  a  part  onhr  of  the 
particulars  libellea  aro  suffineut,  of  them- 
advea,  to  iafer  aoBie  lower  d^^give  of  guili« 
and  Gonstitnta  an  offence  of  its  own  kind, 
■nch  as  descrvei  ami  may  wamMabljr  roeeire 
r  Iha  liM  wIhgIi  k  in  cowt, 
iTii  belaid  iatlMproiMrforoi.    Ifalib^ati 


thing  then  ensued :  but,  just  before  the  murder, 
which  hapiiened  about  uine  at  night  of  the  6ih 
of  December  1717,  Abercrombie  was  drinking 
in  a  tavern  near  the  head  of  Black-Friars  wynd, 
when  Mr.  Hay  came  into  the  bouse,  and  made 
one  of  the  servants  call  him  out  into  another 
room ;  Abercrombie  went  to  Hay,  leaving  bis 
hat  in  the  room  where  his  company  were; 
they  went  out  together  near  to  a  lamp  at  the 
bead  of  the  wynd,  where  a  scuffle  ensued  be* 
twizt  tliem,  without  either  uf  them  drawing, 
though  they  had  both  swords ;  and,  duri^r 
this  scuffle,  Abercrombie  drew  his  sword,  and 
run  Hay  throogh  the  body,  who  was  heard  orjjrt 
He  was  murdered,  and  bad  got  foal  play,  hm 
sword  not  hating  been  drawn;  and  soon  after 
dropt  down  dead :  Abercrombie  was  still  witbom 

responding  to  these  several  charges,  certainly 
such  of  these  presumptions,  as  amount  to  evi- 
dence of  the  attempt  only,  may  regulariy  be 
sustained  to  infer  some  interior  correction,  m 
well  as  the  charge  of  fire-raising  to  infer  tba 
higher  pains  of  death  and  confisnlion  of  good«« 
But  the  practice  to  which  1  now  allude  was 
something  of  a  quite  itificrent  character,  and 
far  more  difflcult  to  be  defended,  viz.  the  find- 
ing of  a  rdeiancy  for  arbitrary  punisbmeat, 
in  respect  of  each  or  several  of  the  presumptiQas 
of  guilt  related  in  the  libel,  oonsidmag  Ihtai 
as  founds  only  of  suspicion,  or  dreamstaDOSS 
of  evidence,  oF  the  capital  and  only  criiaa  laid 
in  the  libel.  Sti-ange  as  it  may  seem,  tbe  law* 
yers  of  those  times  appear  to  have  reaaoacd 
thus:  that  if  all  the  presumptions  libelled  wa« 
jointly  suficieot  to  convict  the  pannel  of  tbe 
full  charge,  and  to  fori'eit  his  life ;  oeitainly 
each  of  Siese.  of  itself,  implied  at  least  sope 
sort  of  concern  in  the  guQiy  deed,  and  justly 
exposed  him  to  chastisement  less  or  more." 

See  somethiDi;  concerning  circumstantial 
evidence,  vol.  16,  p.  650.  Vol.  17,  p.  14Sa 
See  also  tbe  Case  of  Barbot,  vol.  18.  p.  1S90. 

The  geceral  opinion  in  Scotland  seems  to  be, 
that  Campbell  was  not  killed  by  Allan  Breck 
Stewart,  but  by  Charies  Stewart  the  pamidii 
son,  who  afterwards  became  a  shoe-maker  in 
Edinbuigb,  where  he  died.  It  appeared  to  ma 
that  some  doubt  was  entertained  in  Seodaod 
whcthtT  the  pannel  had  any  partidpalioa  ia 
tbe  slaughter. 

As  to  the  maxim.  "It  is  bctur  that  Vm 
guilty  men  should  escape  than  one  innoosai 
sudvr,"  see  vol.  7,  p.  16S9,  and  particalarly 
sir  Samuel  Komillv*s  admirable  remarlts. 
•«  Unless,"  says  Jo&nsoo.  **  civil  institntMBa 
ensure  protectwo  to  the  innocent,  all  tbe  coa- 
tidence  which  mankicd  shouU  have  in  then 
wtHild  be  k^M.**  See  Bwwetl*s  Life  of  him, 
vol.  il.  p.  4r9,  4to,  1st  ed. 

in  a  note  la  Eunomus,  DiaLnpK  111,  p.  fifiS* 
A  aditsoo,  lufcicacs  v  made  to  •«  aa 


|7T] 


Jhr  Murder* 


by  no  perwn  who  knew 

lira  souffle ;    they  only  saw  ibe 

willitttlt  the  lut  fttub  tlie  other  who  liatl 

■•i,  mfxer  hit  bad  nW^^n  the  woumi,  in> 

nf  rttttrttiui^  to  I  ny  where  he 

Wfiysbftt,  called  <i  lavern,  vrhere 

%»  ti0r?»*t4  a  hut,  iind  utut  directly  to  his 
>nO  iij  bed,  uhere  be  ^vas^  (hat 

lo  Iftw  lib  r  him,  «U  the  circiim* 

inculafiy  set  forth  ;  and,  in  the 

br  the  proseculor,  there  is  the  fol- 

which  1  have  extracted,  and 

b^  leiv«  hm  lo  read  i    **  The  paonel  trusted 

^  -*--  dlaridicsf  af  ih^  nighty  and  secrecy  in 

be  IimI  commited  this  crime,  as  sufficient 

^ jt  bia  fre^m  the  eye  ot  juitice,  and  pre- 

vivt  Ins  |iiiiibhmrtit ;  but  that  same  wise  pro- 

♦  wbioh  to  m«f  times  lea  res  men  to  eate- 

lb«if  wicked  il^ti^nn  in  !iuch  a  manner, 

uQ^sr  tueti  cifcumstancrA,  as  eroboldcns 

to  ipt  rm  with   hopea  of  impanityi  fre- 

I?  brio^ftliuac  very  critiies  to  lijbt»  by  a 

Iff  imcofery  r>t    unforeseen    incidents 

ciremttaces,  concurring:  to  Hx  the  jET^iilt 

lb»  eHin&iMl,  with  more  force  of  con  vie- 

ml  «ii«oglli  of  efidence,  than  two  con- 

could  ^vo»  on  purpose  to 

biee  tbr  world  bow  hltte  darkness  or  se* 

in  b#  r«lied  ^n,  either  as  corers  or 

to  wickedness, 

ihm  case  of  thin  pannet :  had  it  not 

fem  bj  tli«  ««iiall  chance  of  his  leavincf  his  bat 

it  Ibf  riMiii  with  (he  company  where  he  was^ 

»bt«  Hb  came  forth  to  perpetrate  this  crime, 

li  aiiglfl  bate  gone  off  u ndis covered .>- But 

thai  hmII  acodetit,  first  indeed  taken  r.otice  of 

hf  m  ebiUf  who  obBcrred  tbo  bat  in  the  cellar, 

ll  to  bf  Mr.  Abercrombie^s,  fed  thone 

to  a  f^n   (iiAcovery  of  stich  other 

ici'  r;  B apposing' no  p 0- 

ibWt  fmof  et  1  appear,  are  more 

^k§m  taikimT   to  ct^nuernfi  the  panocl  in  the 

fywif  CPvy  jodcrc  and  jury,  and  of  every  per* 

9m  ifci  wfia  wilJ  lav  himself  open  to  receive 

ftwn  trutli."* 


'art! 


^  Tb«  IfiuHoentor  of  relevancy  in  this  Cafie 
if  Abfrrmoiiie  (Fab.  0, 1718)  is  thu^  Lnven  by 
Vr>  Ifttiiw  (Ctttam.  Trial  fur  C  i|f» 

1V*0|.  1,  a.  M.)     '<TlieLor*ls,  the 

■fl  aaaofn  bta  having  about  the  lime  aud 
llbtttalad  ff^irrn  Alexander  May  the  defunct, 
iiiUlfpartt  '  '   weapon,  a  mortal 

I. net  within  a  short 
mU  piinnel  was  art  ami 
infer  the  pain  of  death, 

'    •"  '.  ■  ■    '     ■  "j'.7i, 

■  ivt 

jind  that  the  p^iu- 

.  D  httle  bribre  liie 

tiouie  or  cellar  of 

M-rwod  in  lUo  room 

be  left 

:jy    with 

ccibri  did  lea? e  be* 


lalaanh*^)' 
biflhal  tliTJ' 
ibtilrfiiaei  i^ 
M  Ibp  defii 
arf.  wirti  ibt  .*' 
mm4n,  aM»o  Ift^i 
Ufa.  Liwdmy^  aini 
•ilb  ibna  I  and  il  < 
Ir.  CbieHnr  an^^ 
•bmbaim^  •!»  aaid 


A.  D.  1751 

Ttie  jnry  in  bis  case  were  of  that  dispo»i*1 
tion ;  he  was  convicted  of  the  murder,  and  sni^] 
fercd  for  it. 

Another  remarkable  instance  of  this  natareg J 
was  the  case  of  Alexander  Maccowan,  who  wasl 
trietj  by  two  of  your  lord8hi|j«  here  present,  if  J 
tlie  circuit  held  at  Perth  in  May  1750,  lor  thfl 
must  horrid  murder  of  Margaret  Maclean »  and 
of  Marg-aret  his  own  child  by  her,  an  infant  < 
about  tbi-ee  or  four  years  of  apfe,  committed  in 
Augfusi  1749,  not  far  from  Ci  ief,  in  the  shire  1 1 
Perth,  in  a  ihickei  of  wood,  where  he  lef\  thetrl 
bodies,  after  hnvin^j  carried  away  the  monevi 
and  clothes  which  the  said  Margaret  had  along] 
with  her  in  a  bnndle.  Before  tlie  bodies  wer#| 
discovered,  they  were  m  manfjlid,  that  tbe^l 
oontd  not  bo  known,  otherwise  thau  by  the] 
clothes  which  were  on  the  Iwidy  of  the  woman,] 
which  her  relatinris  could  swear  to:  the  evi-l 
dence  against  the  pannet  was  wholly  circum«| 
stantr^l,  and  consisted  chiefly  of  there  being  | 
found  in  his  possession,  atler  the  murder,  ft] 
pair  of  stockings,  a  linnen  shirt,  and  a  muslin  i 
stock,  that  were  proved  to  have  been  in  possea*! 
'sion  of  the  decea.^ed  when  she  set  out  for  Edin^j 
burgh,  where  she  had  told  her  relations,  sb«  f 
bad  heerf  invited  by  the  pannel  to  go  along, 
with  him,  in  order  to  their  being  marrietl  toge^l 
ther;  and,  upon  this  evidence,  he  was  con* J 
victeil  of  this  double  murder  and  robbery  ;  andf^i 
opon  your  lordships'  sentence,  suffered  lbm\ 
[Kinisbracnt  tiiat  he  so  well  deserved. 

My  lords,  it  apiwars  to  me,  that  the  present] 
case  affords  a  fresh  instance,  similar  to  these  1 1 
hare  mentioned,  of  a  (irovidential  discover?  oM 
circumstances,  serving  to  fix  the  guilt  ot  ac*  f 
cession  to  this  murtler  upon  (he  now  pannel,  j 
notwithstanding  all  ihe  precautions  by  hirtni] 
used  to  conceal  it:  his  enmity  aqfainst  GlentirCh] 
for  ivmoviog  him  from  bis  own  po^ession  inj 
May  1751,  and  dii^continuing  to  employ  Itinil 
in  the  management  oK  the  Ardshiel  estate,  wwirl 
well  known  ;  as  likewise  the  various  efiorts  h^j 
made  to  prevent  the  removing  of  oertiin  tenanti  J 

bind  him  his  hat  in  that  it)om  ivbere  tbe  com- 
pany was,  where  tbe  same  remained  till  af^r  tb^i 
defunct  came  in  woundetl  into  the  cellar,  and  I 
that  two  persons  were  seen  come  out  of  thai 
said  cellar  ;  and  after  they  came  otit,  wera  j 
seen  go  on  ijuarretUng,  one  of  whom  wanted  ] 
his  hat,  and  had  a  light  or  brown  coloured  coaf^  J 
with  clt'ar  buttons  upon  it,  and  that  ttie  pannel  1 
had  on  him  such  a  coat  that  night,  and  that  the  I 
[lerson  without  his  hat,  and  with  such  a  coat  i 
said  is,  was  he  thnt  gave  the  other  a  stab  or] 
wound  ;  and  that  the  person  wounded,  and  re*  ' 
turnincr  back  to  tbe  said  cellar,  were  [So  Mr.* 
H  ume]  the  defunct,  and  soon  after  of  his  wonn^  J 
die<l ;  and  the  pannel,  about  that  time,  called  it  f 
Mrs,  Johnsoo's  house  in  Niddric's  Wynd,] 
without  his  bat,  and  there  borrowed  one,  and] 
soon  ihereaAer  was  seized  in  bir  owti  bocne^J 
and  a  ^v  ord  found  by  hrm  in  tbe  room,  f 
and  Hith  fresh  blood  tn  Ihe  hollow  parts  of  it,  all  I 
jointly  relevant  to  lufer  the  forc«<ariI  pains,  and  re*  ^ 
pel  the  baill  defutices  proponetl  for  tbe  panaelK" 
0 


79]  25  GEORGE  IL 

fiF  Ardshiel  io  the  month  of  May  last;  and  also 
JUis  iDtiroacy  and  close  connelion  with  Allan 
Breck  Stewcrt,  who  disappeared  abruptly  im- 
mediately after  the  murder,  and  to  whom  the 
Toioe  of  tlie  whole  country  imputed  the  actual 
murder  itself:  but  as,  wlien  that  happened, 
this  panoel  was  at  his  own  house,  -at  the  dis- 
tance 6f  one  mile  from  the  place  of  the  murder, 
the  more  direct  and  immediate  etidence  of  his 
accession  to  it  was  long^  concealed:  his  wife 
and  his  daughter  being  examined  upon  oath 
before  tiie  sheriff  depute  of  this  couutv,  on  the 
S2d  and  S25th  of  May  last,  touching,  what  they 
knew  concerning  the  murder,  de|K»ed,  That 
Breck  Stewart  left  the  pannel's  house  oq  the 
morning  of  Tuesday  the  13th  of  May,  dressed 
in  bis  French  clothes,  and  that  the  paonel  had 
no  such  black  or  dark -coloured  short  coat,  as 
.Breck  had  truly  \e(i  his  house  dressed  in,  for 
three  quarters  of  a  year  before  that  time ;  but 
at  length,  above  a  month  after  his  examination, 
namely,  on  the  SOth  of  June  last,  Alexander 
Stewart  the  packman,  being  examined  before 
the  sheriff- substitute  at  Fort  William,  and  after 
being  confronted  with  a  friend  of  his  own,  ttf 
whoui  he  had  l>een  muttering  some  part  of  the 
truth,  spoke  out  the  whole  truth,  as  it  is  set 
forth  in  the  libel ;  and  particularly,  that  from 
this  very  wife  of  the  paonel  he  received,  on  the 
evening  of  Saturday  the  16th,  at  the  pannel's 
house,  Allan  Breck*s  French  clothes,  to  be 
carripd  to  him  at  the  place  of  his  retreat,  toge- 
ther with  the  five  guineas,  which  the  pannel 
had  been  at  great  pains  to  scrape  together,  after 
sending  the  |»ckuian  express,  for  that  purpose, 
to  his  friend  William  Stewart  at  Fort  William, 
and  which  he  sent  to  Breck  at  the  place  of  his 
retreat,  with  a  declared  intent  to  put  him  in 
condition  to  make  his  escape,  for  that  be  mast 
be  suspected  of  the  murder:  (his  discovery 'Vtras 
the  first  thread  which  the  kindred  of  the  de- 
ceased got  hold  of  to  lead  them  to  a  more  full 
detection ;  and  was  afterwards  confirmed  by 
the  examination  of  the  bouman,  who  told  the 

Earticulars  in  the  libel  recited,  and  about  whose 
ouse  the  very  clothes  were  found,  the  pro- 
perty of  the  pannel,  which  breck  had  brought 
from  the  pannel's,  and  left  with  the  bouman. 

And  as  for  the  importance  of  these  particu- 
lar discoveries,  which  the  pannel's  counsel 
have  endeavoured  to  diminish  iu  the  manner 
that  circumstantial  evidence  is  always  im- 
pugned, by  observing  that  each  article  taken  by 
Itself  is  inconclusive;  1  may  readily  admit 
this,  and  yet,  from  the  result  of  the  whole  cir- 
cumstances, there  may  be  convincing  and  irre- 
sistible evidence.  And  to  meution,  at  present, 
only  these  two  material  ones,  of  the  clothes 
iumished,  and  the  money  SLM»t  to  Breck 
Stewart,  before  and  after  the  murder  respec- 
tively ;  i  do  not  say,  that  if  a  man  lends  his 
neighbour  a  coat,  in  which  the  borrower  being 
dressed,  two  or  three  days  after  commits  a  mur- 
der of  a  person  who  was  his  own  enemy  in 
liirie  past,  that  this  will  afford  any  evidence  of 
pri.vitv,  or  aooetsion  to  that  marder  in  the  len* 
der  or  the  coat;  nmther  do  i  say,  that  if  a 


Trial  of  James  Ste%vart, 


,[80 


man's  friend  or  relation-  has  unfortanatcly 
committed  a  murder,  and  one  shall  aid  him,  by 
money,  or  otherwise,  to  make  bis  escape,  tliat 
this  will  render  such  friend  accessary  to,  or 
chargeable  with  the  crime  of  murder,  though 
he  is  doubtless  guilty  of  an  offence  or  misde- 
meanor in  its  own  kind;*  but  the  force  of 
tliese  united  circumstances  in  the  present  case, 
with  the  others  charged  in  the  libel  against  this 
pannel,  consists  in  the  connexion  of  the  whole 
together.  It  was  the  pannel's  proper  quarrel 
that  retidered  the  deceu  izi\  obnoxious  to  Oreck 
Stewart;  the  pannel  had  discovered  and  ex- 

f tressed  his  entnity  against  the  deceased,  and 
lad  utiered  threatenings  against  his  life;  Brack 
Stewart,  his  intimate  friend,  was  a  fit  instru- 
ment for  such  wicked  purpose  ;  he  had  es- 
poused all  the  pannel's.  opinious  .and  disposi- 
tions towards  Glenure ;  he  was,  himself.  Ml 
in  condition  to  remain  in  this  country,  and  was 
already  provided  with  the  means  of  subeistciMi 
in  foreign  service  ;  and  to  this  man  it  was,  io 
the  very  heat  of  a  contest  with  the  deoeassd 
about  removing  certain  tenants  which  this  pea- 
nel  had  put  in,  that  he  furnished  the  dress,  sad, 
as  we  likewise  believe,  the  arms  wherewith  he 
per|>etrated  this  foul  murder  ;  '  immediately 
after  which  he  retires  to  a  desert  place,  oAt  nr 
off,  there  to  wait  for  a  supply  of  monej  tfaiA 
was  to  be  sent  him ;  anil  it  is  especially  to  be 
remarked  by  your  lordships,  and  the  jury,  tha^ 
as  the  libel  bears,  at  this  place,  Breck  told  the 
bouman,  that  he  must  go  to  Fort- William  mA 
a  letter  to  William  Stewart,  merchant  then^ 
who  he  said  would  give  him  money  npon  re- 
ceipt of  the  letter ;  and  this  Williain  Stewart 
was  ar.other  intimate  friend  of  the  pannd*^ 
and  the  very  person  to  whom,  the  day  after  the 
murderi  the  panuel  sent  the  packman  exf 
to  get  five  guineas  for  the  use  of  Breck, 
was  alMut  to  leave  the  country.  This  dro 
stance  affords  a  demonstration  of  a  cuncnti^  ^ 
twixt  the  pannel  and  Breck  before  they  hH 
parted  at  the  pannePs  house  on  the  Monday 
night,  or  Tuesday  morning  preceding  ;'-ata 
which  the  pannel  allows  he  never  saw  Brack;  ) 
for  how  otherwise  could  Breck  have  known, 
that,  for  such  a  small  sum  as  he  wanted,  ths 
pannel  was  to  have  recourse  to  this  Willisa 
Stewart,  who  lived  twenty  miles  distant  fraa 
him  ?  And  this  circumstance  serves  to  ooa* 
nect  the  facts  which  immediately  preoedsd 
the  munler,  with  those  which  ictmediately  en* 
sued  it. 

But  I  am  going  too  far  at  present,  on  the  co»- 
siderations  that  will  be  proper  for  the  jury  after 

the  proof  shall  have  been  brought  before  l*^ 

and  shall  now  conclude,  hoping  it  will 
to  your  lordship.s,  that  no  sufficient  of 
hath  l>een  offered  on  the  part  of  the 
why  his  trial  should  not  proceed;   and  i 
you  will  make  such  interlocutor  as,  upon  1 
supposition,  the  counsel  on  both  t  ' 
to  be  agreed  iu.  i 

.IM 

*  See  Burnett  on  theCriminilXAWiffl 
land,  pp.  S86,  et  Kq. 


mA .  • 


"J 


'  Mmdcr* 


ffftj^llt^  fbr  the  Fannel. 

Lord  Justice* General^ — I  appear  as 
i6r  the  prboner  al  the  bar  :  and,  as  1 
ibVe  tkis  trial  muftt  draw  oat  ta  a  very 
laBgttt^  aritl  occa^jioti  a  \Sff^i  ileat  of 
InxiJile  to  your  loid^htpfl,  ami  the 
Jl  riuieavour,  in  wbat  1  am  to  ofler« 
rvpetJtion  ;  and  I  »baJI  cotifine  my  sett' 
1i«ii«kBcr«BUoos«ft  D^oflt  afl'ected  my  own 
miti  iftfio  reading  the  inriictment,  u^fnch  la 
IkiMly  rsic  ty  which  1  can  judge  of  their 
^ymniiii  And,  3iily«  1  shall  offer  a  few 
ftMftlwKbocia  by  way  of  reply  to  what  has 
liM  Mid  by  my  lord  ailrocaie  ami  hb  assist- 
aaiiL  in  tapport  of  the  indictment. 

The  pri^oiier  is  charj^ert  hetbre  your  Un\- 
d»lpl  at  accessary,  art  and  part  of  t lie  murder 
(i(tlif  Ute  Mr.  Campbell  of  Glenure ;  a  crime 
if  to  |i»al  and  black  a  oalure,  and  attended  with 
Msb  fiafttcular  circumHtances,  as  has  not  ouly 
jttiUy  rjccited  the  atlention  of  the  puhliCf  but 
alia  a  ature  than  ordiuary  keenness  iind  ardour 
^tbe  aameruuf  friends  aod  relations  of  the 

I,  in  carrying  oQthi«i  prosecution. 
1  would  not  chiiae  tn  make  any  reOei'tions 
1^  tkeir  criuduct.  1  sincerely  sympathize 
vilh  tbefn  for  their  locsy  and  fe*^!  ilte  full  force 
</ their  just  revea^  againal  the  euitly  person, 
vbtefar  be  is.  But.  toy  Inrd,  in  such  a  case, 
IbifiaMMm  which  we  at  iirst  cherish  as  just 
mi  tiaooiirable,  may  get  the  better  of  us  ;  and 
if  Ibe  r«;a\niiutd  of  reason  and  strict  honour  are 
tot  H^u{ivt\.  will  inscnsibty  rise  into  raf^Ci  and 

ti  >  into  measures  inconsjMtent  wilb 

^*  diclalea  of  cool  humanity. 

My  lird,  it  is  in  iucti  circumsiances  as  these, 
tbiA  fltcQ  the  innocent  may  sometimes  be 
kitMigkt  iuto  dao^r.  And  in  surli  circum- 
ijiofaa  ilbecomefl  the  duty,  and  an  honourabte 
|ttn  of  the  duty  of  one  of  my  pnifession,  lo 
afi}iear  for  the  accused,  to  assist  him  in  his 
|bbL  defetice,  and  to  obviate,  liy  all  the  reme- 
ilei  irbicb  the  law  ha^i  provided  for  the  secn- 
iky  of  inooceDce,  any  di  sad  rant  age  he  may 
balrougbt  under,  by  public  prejudice,  or  hv 
ikcaumber,  power,  or  superior  address  of  h^ 
pntire  prosecutors. 

This  cooaideraiion  determined  me  to  appear 
iitkii  trial,  and  to  give  my  poor  assistance  in 
dtltnoe  of  the  prisoner ;  to  whicb  i  was 
irompted  by  my  lord  advocate  himself, 
the  generosity  so  far  to  interest  hicO' 
ttflnlbe  panuel«  as  to  rt^ctHnmend  it  to  me, 
■WMitothera,  to  appear  iu  hisdt:fence. 

Mm  lirstf  I  observe,  that  it  is  admitted  by 
Ikt  pfoateutors  in  I  heir  indictment,  that  the 
Mw^NU  munler  therein  charfired  was  perpe- 
Saled  by  one  person,  to  wit,  by  Allan  Breck 
ik.N  <  !  (ukin;;  liim  lo  be  the  guilty  per- 

iDii  no  doubt<,  justly  forfeited  to  pub- 

tuce,  inough  in  the  mean  time  be  may 
scaped  frum  the  eaceculion  of  the  law. 
first  <|uestioii  therefore  that  must  naturally 
■Qcor,  is,  %ih!Lture  the  circumstances  in  this 
«He,  whicli  should  lead  your  lordships  or  the 
|vy  tii  beUeirei  thai  any  other  peivofi  than 


A.D,  175fc 

Altaii  Breck,  and  particularly  the  prisoner  all 
the  bar,  was  also  guilty  of  this  foul  «nd  d«^ 
testable  murder  ? 

It  is  a  rule  in  philosophy,  in  all  our  in* 

quiries  into  natural  causes  and  e^Vcts,  io  resii 
satisfied  tto  t^oou  as  one  cause  or  principle  is  dia»j 
cotered,  suificienl  for  answering  and  solviu^I 
alt  appearances  in  tlie  effect.  This  rule,  I  am-] 
sure,  with  great  propriety  may,  and  ought  t^l 
be  applied  to  any  moral  or  judicial  inquiry,  | 
such  as  the  present.  If  u  crime  is  committed,  j 
there  mu!»t,  no  drmbt,  be  a  criminal ;  and  if] 
the  crime  itself,  or  the  circumstances  whicb  at- J 
tended  the  commieisiou  of  it,  are  of  such  a  ii»*  | 
ture«  as  must  uect^ssarily  infer  the  aid  and  ) 
sisluifce  of  others  towards  the  commission  of  itg  ! 
as  the  appearances  in  such  case  will  not  be  an*  | 
swered  by  tbe  discovery  of  one  guiltv  person^  j 
the  j»ind  will  remain  unsatisfied  till  further  1 
discovery  is  made  of  tbe  supposed  partners  oCJ 
the  crime. 

But,  my  turd,  where  the  guiU  of  one  wiil 
account  for  the  whole  appearances,  for  everjf  1 
circumstance  connected  with  the  crime,  (  aji-  i 

firehend  it  as  a  rule  in  morals,  it  is  a  rule  ia  j 
aw,  aud  in  sound  reasoui  to  presume,  that  nc»  j 
other  but  that  one  person  was  cuncerned  In  thft  ] 
commission  of  the  crime. 

This  presumption  is  founded  in  tlie  resped  j 
which   we  owe  to  human  nature.     For,  my 
lord,  wicked  anil  earriipted  as  mankind  are*  | 
thank    G^hI,  a   omrderer,  a   %vilful   del  iterate  • 
raurdeier  i^  si  ill  a  monster  in  the  species  ;  and 
it  is  undutiful  in  its,  and  against  all  the  rules  of 
riifbt  rea^ou,  to  carry  our  suspicions,  far  mor#:| 
our  prejuilices,  further  than  the  corpus  deikti^ 
aud  the  circumstances  attending  it,  do  necessa- 
rily point  out. 

From  this  couMderation,  I  hope,  ibe  prisoner  \ 
comes  tu  your  lurdsUip.^^  bar,  atlendril  aud  aided  - 
not  only  by  the  general,  legal  presumpiion  of  j 
innocence,  but  with  this  other  more  special 
presumption,  that  no  other  person  i«as  coo^ 
cerned  in  this  horrid  murder  but  that  one  uerson, 
whoever  he  was,  who  gave  tbe  fatal  siiot  b' 
ivhich  Glenure  died.     And  this  prt^sunijition 
dotier  myself^  will  be  present  with  joni-  lord* 
ship,  an3  in  ihe  mind  of  every  juryman,  tiH  j 
contrary  proof  and  evulence  shall  beat  ti  outs 
whicb  we  tlatter  ourselvef;  will  be  so  far  frooi 
bappifuing,  that,  on  the  contrary,  iu  the  course 
of  tbe  evidence,  it  wili  gather  strength,  and  al 
last  terminate  in  that  issue,  which   from  the 
huly  providence  of  God,  theinooceot  may  with 
confidence  expect. 

My  lord,  it  is  not  tny  intention  to  anticipate, 
or  to  argue  upon  evidence  whicli  has  not  yet 
been  brought:  but,  as  my  Lord  Advocate  hat 
set  forth,  in  his  printeii  indictment,  a  va* 
riety  of  circumstances,  fr«im  which  he  -wuuld 
infer  the  prisoner's  aoceaaion  to  this  murder  ; 
I  must  beg  leave  to  take  notice  of  some  of  ihctn. 
in  order,  if  possiible,  to  dispel  that  popular  aud 
illegal  prejudice,  which  L  observe  in  mostcasea^ 
eapeciaJly  in  the  more  atrocious  crimes,  doet 
attend  the  unhappy  person  who  is  brought  ti» 
your  lordships*  bar,  ^ 

G 


rf' 


S3]  S5  GEORGE  II. 

When  the  miud  it  enraged  to  a  high  de- 
gree, it  naturally  seeks  after,  and  is  impa- 
tient to  find,  an  object  tor  its  resentment. 
The  prisoner  first  occurs,  and  there  we  are  too 
apt  to  fix  our  opinion  of  guilt,  and  alongst 
with  it  our  resentment ;  esiiecially  when  our 
confidence  in  the  public  prosecutor  is  so  great, 
as  it  justly  is  at  present  in  the  honourable  gen- 
tleman who  fills  that  office. 
■  This,  if  I  mistake  not,  is  the  source  of  po- 
pular prejudice  against  the  imhappy  prisoner. 
All  of  us  are  subject  to  it,  because  it  arises  from, 
or  at  least  is  incident  to  human  nature ;  but 
however  innocent  it  may  be  in  the  crowd  that 
surrounds  us,  it  is  dancrerous,  it  is  criminal,  if 
received  and  entertained  in  the  mind  of  a  jury- 
man. For  their  sakes,  therefore,  1  will  beg 
leave  to  make  a  few  observations  upon  the  facts 
charged  in  the  indictment,  that  so  the  jury, 
ivho  for  some  time  have  had  the  printed  indict- 
ment in  their  hands^  mav,  before  they  proceed 
to  trial,  be  also  iiossessed  of  such  facts  and  ob- 
servations for  thepannel,  as  will,  if  attended  to, 
entirely  take  off  the  force  of  the  circumstances 
ivhich  are  charged  against  him. 

And  first,  it  will  be  observed,  that  the  murder 
is  not  laid  to  have  been  committed  from  sudden 
BassioD,  or  chaud  mellti,  as  the  law  expresses  it, 
Dul  to  have  been  premeditated  and  resolved 
upon  for  some  days  before  it  was  committe<l. 
JNow,  to  render  malice  of  so  high  a  nature 
probable,  tome  very  strong  ground  or  cause 
ought  to  have  been  assigned  for  it ;  and  what 
cause  is  here  mentioned?  Why,  1st,  Because 
^tenure  bad  accepted  of  a  factory  from  the 
crown  upon  the  forfeited  estate  of  Ardshiel. 
5dly,  Because  Glenure  had  removed  thepannel 
Irom  the  farm  of  Glenduror  at  ^Vhitsunday 
1751.  And  lastly.  Because  he  was  proceeding 
to  remove  certain  other  of  the  tenants  of  Ard- 
ahiel,  at  the  Whiisunday  1762. 

The  first  of  these  could  not  be  the  ground  of 
the  resentment  which  gave  occasion  to  the  mur- 
der ;  because  Glenure  had  been  in  that  office 
for  more  than  three  years  before  the  mordtrr ; 
during  the  greatest  part  of  which  time,  the 
pannel  and  he  lived  in  friendship  and  intimacy 
together ;  as  will  be  clearly  proved  by  a  long 
course  of  letters  which  passed  lietwixt  them. 
The  pannel's  own  removal  from  Glenduror 
could  as  little  be  the  cause  of  such  prepense 
malice ;  for  the  removal  was  voluntary,  and 
the  possession  yielded  to  the  succeeding  tenant, 
in  consequence  of  a  previous  concert  between 
the  pannel  and  Glenure.  And  far  less  could 
the  intended  removal  of  the  other  tenants  at 
Whitsunday  last,  give  occasion  to  the  conspi- 
racy and  BMinler  charged  a^inst  the  pannel. 
Such  deep  resentraeiit  could  not  have  ariteo 
from  so  trifling  a  cause  in  the  mind  even  of  a 
wicked  mas,  mnch  leai  one  of  the  pannel's  dis- 
position and  diarader. 

Sdly,  The  drcomttance  of  Allan  Breck*a 
having  chai^  his  dochcfl  at  the  paonert 
boute  before  the  murder,  though  it  baa  been 
chiefly  intisted  oo  for  inferrinff  the  pamiert 
MCWOD 10  the  mardcr,  ii  cqoilTy ' 


Trial  qfjamei  Stecoarif 


£84 


Allan  Brock's  situation,  as  a  deserter  trom  hit 
majesty's  service  to  the  rebeb,  and  after  wards 
to  the  service  of  France,  made  it  necessary,  so 
often  as  he  came  into  this  country,  to  skulk 
amongst  his  friends,  of  which  the  pannel  unfor- 
tunately happened  to  be  one.  It  will  be  proveo, 
that  for  this  purpose,  he  used  to  lay  aside  hit 
French  dress,  and  borrow  the  dress  of  the  coun- 
try, such  as  is  described  in  the  indictment,  from 
any  of  his  friends,  where  he  happened  to  visit 
or  reside  ;  and  that  he  had  gone  about  from 
house  to  house,  changing  his  dresi  in  tbit  man- 
ner, since  the  beginning  of  March  last,  and 
]iarticu1arly  had  been  furnished  with  such 
change  of  dress  at  the  pannel*t  house,  about 
the  beginning  of  April,  where  he  bapnened  to 
be  for  a  night  or  two,  in  the  course  of  bu  visitt 
through  the  country. 

Mv  lord,  if  these  facts  are  proven,  it  is  im- 
possible any  weight  can  be  laid  upon  the  cir- 
cumstance of  his  having  also  changed  bitdrttt 
at  the  paunePs  house,  upon  the  Monday  and 
Tuesday  before  the  muitler  happened.  If  a 
disguise  had  been  intended,  would  the  paiuiel, 
who  is  a4mtUed  to  be  a  man  of  more  than  ordi- 
nary discernment,  have  furnished  hit  own 
clothes,  which  were  known  to  the  whole  neigh- 
bourhood, and  by  which,  if  the  murderer  was 
apprehended,  he  hirosell  behoved  infiillibly  to 
be  discovered  ?  Would  he  have  dreated  up  tbo 
assassin  before  his  numerous  family  and  ser- 
vants, in  the  very  dress  which  was  toaerve  fw 
his  disguise,  two  different  days  before  the  plot 
was  to  be  executed  ?  Or  would  he  hoTe  allowed  * 
him  to  traverse  the  countr}*  for  some  milci 
round,  from  Tuesday  when  he  lef^  the  pannel'i^ 
till  Thursday  when  the  murder  was  committed, 
in  the  very  dress  which  was  intended  to  dis- 
guise and  conceal  him  ?  Snch  a  conduct  it  un- 
accountable, and  cannot  he  ascribed  to  the  pan- 
nel, whom  the  prosecutors  themseWet  repretant 
as  a  man  of  the  deepest  desij^^n  and  artifice. 

BIy  loni,  the  next  material  circumstance  in 
the  indictment,  which  I  would  beg  leave  to 
take  notice  of  for  the  sake  of  the  Jury,  is  the 
correspondence  which  passed  betwixt  the  pan- 
nel and  Allan  Breck  the  supposed  murdeier, 
afW  his  retreat  to  Rualisnacoan. 

This  circumstance,  1  own,  at  first  tigbt| 
seems  to  carry  great  weight  against  the  pannol, 
because  it  imports  not  only  aid  and  astistanoo 
^iven  by  the  pannel  to  the  supposed  murderer 
in  order  to  enable  him  to  make  his  escape,  hoi 
also  a  previous  knowleiige  of  the  place  to  which 
he  retired  immediately  at\er  committing  tlm 
murder.  But  your  lordships  and  the  jury  have 
heard  how  ihe  force  of  this  circumstance  is 
taken  off.  The  pannel  knew  noihing  of  the 
place  of  Allan  Breck*s  retreat  till  the  iky  after 
the  murder,  when  he  received  a  message  from 
him  by  Donald  Stewart,  giving  him  notice  of 
the  place  to  which  he  had  retired,  and  bciccch 
infp  tlie  pannel  to  send  him  a  small  supply  cf 
money,  in  order  to  carry  him  off  the  counliy. 
This  message  the  pannd  has  undertaken,  and 
hopes  to  prove  by  a  train  of  unqueaiionaUe  eri* 
deuces  ialif bethoUbenbiclobcingniilii* 


85J 


Jot  Murder* 


Mif  fHQf  lilt  flu^.  It  will  M  ODce  strip  llie  id- 
^JHMOlQf  tSie  only  ci  re  ti  instance  id  it,  wUich 
H^^bli.  ai  A  previoas  conB^iracy  hetvrixt  the 
H^^^il  ia4  All«a  Bf«Gk  ihe  supposed  murderer, 

■  ~  kmi  jrfMil,  my  lord,  iudenenilant  ol'  tbe 
,       fiOiCwWdb  l»  proposed  in  he  biou;jlit  bv  llie 

■  p««ii«l,  it  oniiot  but  appear  unaccountaGle  to 
B  yoitr  londibJ|ii  ftnd  the  jury,  thot  a  p^rsun  of 
\        UisiBSBCl*s  imgiicity,  li'  be  had  beeti  in  con- 

Albu  Ilreck  for  KuverJil  d^ys  befure 
oi'tlie  murder,  should  not  have 
■eeenary  means  of  Breck'ai 
ttope  liU  after  the  crime  wa«  commit led^ 
whm  ht  GMtld  uo  tuuger  curre^pond  with  him, 
williMit  ilir  intcrpoflition  ut'  otlieici,  aud  coa- 
lniattlJy  without  th^  hazard  of  a  difldovery, 
IW  Mtad  eonld  have  h:id  no  difiicuhy  to 
liate  rtmutlicU  Allan  Breck  with  a  hUle  money 

I  Mm  tll#  OMDmtiaioo  of  the  murder,  in  order 
to  (nalbr  kM  tacape  iuuncdiately.  He  kne^ 
Ikvek^s  ciretim«ttAnc^'i,  Rtid  that  he  hud  bo- 
llMBg  IQ  CMT  <  >uoLry,  aud  Breck 

iMcJd   fiPt  ;  in   such   a  serf  ice 

willNBt  Pierv I ui^  tioin  iih  employer  Ihe  nc- 
€mmrf  wof^UAWT  bis  o«?ii  si^tety  ;  and  sup- 
IMurt^  fiuuiel  had  not  been  in  caib  ujmii 
iW  BlAOiliy,  when  they  last  parted,  yet  he 
«pn14  bata  ukia  care  be  lore  the  Friday  lo 
kart'  kveo  ai^fficieoily  iirofidi^^d  for  answering 
fircck^  dcviajids.  4ml  yet,  upon  the  Friday 
ate  iba  raiirdery  i»ben  the  message  cdine 
Orwck,  we  Hcid  fVoni  the  itidictment, 
ibft  yaAoei  sr  d  inlo  Fort- 

p  ftilfiflAii,  «t  a  co'>  ace  from  his 

in   oriitu    lo    liorrtm   the  trttle  ol' 
which  wa^  wauled,  and  scut  thedav 

k. 

Hmm  :  n  as  to  blame  in  sendinj^ 

wamrjUt  Muti  tiieck,  who  whs  his  rilaiioiiy 
nikarf  k«eii  hi)^  ward,  in  order  lo  euahk'  him 

to  ttlba  UtK  '  '  <      '!-upon  the  opinion 

kailMAln4^  Jty  or  iiHioceot  ol* 

•e*»r*  -  fv.itwas 

•  liM  4  law; 

a  Sfliifffsr,  Uiough  koowinf^ly,  will  not,  iu 
ka,  ttf  la  ll»e  nature  of  the  ihtnyf,  infer  acce^* 
iiB  In  tlhc  Hiurder,  unless  A  liad  been  pre* 
ttPBlf  promt^rtl  an  on  encourai^emeut  to  ihe 
'mm  0f  the  mnrdv-r,  wbicn,  from  what 
mMf  appear*  covld  not  hare  been  the 

^Kk  regmrd  to  the  threaieniogs,  which  is 
^•ly  rrmainlni^  bmnch  «if  the  indictment  of 
aay  ''vicl*^  aifitnat  Ihe  pnnncl,  1  could  hate 
*«M  »|  lord  advticaie  had  been  so  gt^od^  as 
lilmaOMltaccoded  upon  the  purticuLr  ex- 
fMMOt,  ai»d  ijpnii    '  r  f  H  when 

•ai  •!!«»  tb««9  v«  a  in  not 

litr,  it  ii  Miipoaail  <i  uiake  any 

ilkv  aimtr  bat  ..  l  oi  this  pari 

i^tkaHlar]|»e  :   -'"  "mv  l»e  never 

aiMlatftvd  II  '   hopes, 

ili  !•   prr»i  nljj^ht  nf 

Mf  tA^  iittii^  which  cotitd 

ii^avt  ft  ng  to  take  away 

lhMt«l  OB  iiiooMBtii  gvniieiiiaQ* 


A.  a  1752.  [8(J 

My  Tonl,  hating'  touched  upon  a  few  of  the 
roost  materia)  circumstaoces  in  the  indictment, 
which  1  thought  material  for  the  jury  to  hara 
iu  their  view,  in  order  to  direct  their  attentioo, 
during  the  course  of  the  et idence^  to  the  phui 
of  the  pannel*s  defence,  I  shall  next  proceed 
to  what  at  present  falls  more  immediately 
under  your  lordship^i  consideration,  and  that 
is,  the  olijection  which  has  been  moved  to  the 
competency  of  thi^  prosecution. 

it  has  Wn  objected,  that  the  indictmeui 
does  not  chari^c  ihe  panoel  ojt  a  principal  in 
the  murder  of  Glenure,  but  only  as  a  remota 
ticcessary,  by  previous  counsel,  and  subsequent 
aid  and  assistance  given  to  the  murderer  in  bia 
escape ;  and  that  though  such  accessary  19 
equally  criminsl  and  punishable  with  the  prin* 
cipal,  yet  that  be  cannot  be  brought  to  tria' 
till  the  principal  be  tirst  tried  and  convicted. 

This  objection  was  stated  to  your  lordship* 
Upon  the  authority  of  the  old  books  of  our 
liiw,  sir  George  Mackenzie,  our  only  auihor 
upon  crimes,  and  of  several  of  the  fureig^ii 
doctors  who  treat  of  this  subject;  and,  wjiU 
your  lordships^  permission,  l|i%ill  read  some  of 
the  passages  upon  wliioh  ihe  objection  ra 
founded,  aa  1  have  taken  ihein  down  t'rom  the 
books. 

Ileg*  Maj.  lib«  4.  cap.  '26,  de  ordine  cogni'- 
tionis  in  criminihub, — **  Si  dii«l  hnmineii  IWiint 
implaciiati,  unusde  nrincipali  fuitn,  et  alter  de 
prsecepto,  primO  denet  ilie  qui  defumatur  de 
factfj,  quam  ille  qui  factam  illud  coaimitti 
priecepit,  implacilari,'* 

To  whicli  the  learned  sir  John  Skeene  sub^ 
joins  the  following  aonotatioo  ;  **  Complices^ 
criminitf  non  posi^unt  accusari  ante  principalem 
malefactorem,  nam  sicut  remoio  priucipati 
removetur  accesaorium,  ita  absoluto  malefac- 
toi-e  ahsulvuntur  complices  et  consenlientes.** 

Quoniam  attachiumenta,  cop.  83,  de  recep^ 
iatione  latrocinii. — *'  NuUuh  delaoiatus  tan«J 
qunm  receptator  latrncinii  deliet  puniri,  aut^ 
i|nHin  ma)efd{'ti»r  fuerit  cnnvtctu^  vel  attayiitu 
de  tairoiiniofllo ;  et  hinc  Bet  ut  dicitnr  consen^ 
tientes  et  at;ente«  pfiripcenS  puntuntur.'* 

Statuta  Davidis  2di,  cap.  IC^,  Ctimplices  nod 
debeni  puniri  »nte  (>rincipalem  malefactorem^ 
— ''  Ordinatum  fuil  coram  rege  in  pleno  par<9l 
Mamento  apud  JScunam  per  regem  et  communi*! 
tatem  re(;n),  tpiod  supen»edendum  est  de  recep 
tat  ore  alicujus  malefactor  is  judicaodi  sive  ap« 
pellan<h,  quousque  receplatusjudicelor.     Et  4 
rec^ptatUH  quietus  fuerit,  receptator  quielu^  alt] 
sine  aliqu&  atift  assist.    Si  aut4?m   receptatni  | 
damnatus  fuent,  receptator  hak>et  a»;<i!!<)«iiK 

And,  agrciahle  lo  the  doctrine  laid  down  i||| 
these  old  Statutes,  sir  Geiirge  Mockeozte,  ii%| 
his  Criminab,  tit.  Art  and  Part,  §  9,  gives  it  j 
his  opinion,  *'  That  the  chtet  »ctor  must 
fiFMi  discussed,  and  either  found  guilty  or  aa*l 
soilzied^  before  such  as  are  accessary  can  h#1 
pursued.'*  M'hich  he  supports  not  only  bjfj 
the  auihonty  ol  the  old  books  of  our  law,  «(•! 
ready  quoted,  but  also  of  inaoy  of  the  foreigi|J 
doctors. 

It  ii  trae,  lie  adds,  thitt  ootwithitaading 


87] 


t5'GEORG£  II. 


Trial  tfJamti  Sttncart, 


tss 


^liat  U'tfifTG  hid  doirn,  Charles  Rotortson 
wa«  trivMl  bHorc  the  justices  asaccessar}'  in  the 
^stin^r  <Ni^vn  a  liiuisr,  lliouuh  his  aons  and 
M'rrantji  who  cast  ihmn  ihe  same,  escaped,  aud 
irrre  not  tricHl.  Bat  sir  Gtnir^e  is  tar  from 
iip|mnin)(  of  that  ilecisiun,  ami  ui^s  many 
stronc:  reasons  ajrainst  it«  and  io  8U|iport  ot'the 
doctrine  he  had  t'orinerly  laid  duwD. 

The  fiirt'ijni  distort*  also  have  generally 
pMio  into  thi«  distinction,  with  rps|iect  to  the 
ftrdcr  ot  try  inj;  the  principal  an  J  acct'ssary .  I 
$hat!  ontv'qiHito  ihc  words  of  Juhus  Clam«, 
qimM  00,  u.  6  who  hya  it  down  as  a  rule. 
**  Uiundit  pr^Hvelitur  contra  aliqueoi  tanquam 
qiioti  prar<iiicrit  auxdinin  delicto,  debet  primo 
in  pf\H-t*s«ii  con^lare  principaloiu  ddiquisac." 

To  .ill  these  allow  me  lo  add  the  authority  of 
the  |4««  of  Kn);land.  which,  upoo  a  point  of 
this  nature,  supitosin^  it  not  Hxed  by  any 
ftatutc  or  ciTslom  of  our  own,  will,  no  ilonli. 
have  ^rt*4tcr  Weight  wiih  your  lordships  than 
Iho  opinitHis  of  any  private'lawycrs. 

Ttiussir  ^Uiibc-w  Ha1e«  in  tiis  Pleas  of  the 
Crown,  ch,  ,^7.  conceniinij  the  ordtr  of  pro- 
c^etlic];  )i:aiufti  Ace<es«ario«,  lays  down  the  to!-  ' 
Towai;  pvvp '«>iioi!S.  as  tixevl  rules  in  the  law  of: 
Fnc^^nd :  ••  The  acivssary  m.»y  be  inflicted  | 
in  uie  same  in\{:ctaie.it  with  the  pr:uci|>al,  and  | 
Ihai  \*  I  he  Ke$i  ac«!  nu^si  usual  way.  | 

*'  Tl^e  a«ve«s4r\  sMall  not  be  ci^nstrained  to  ■ 
aas'^er  !•'»  his  iuJtcimen:.  il!  the  pnncipal  Ke 
lh<\{.  iinW'»  l;e  wive  thai  Ktietit ;  io  which 
^15<\  h'is  a«\^.':-ta*  i'^  c«>o«K-thHi  upoo  such 
t:  "Jii  »  i^nV  \\iit  il  s^<eu^«  oerefs^nr  ia  s»ch 
C4*f  to  n£*,  iie  jc.  ^^went.  isM  the  pnticipjil  be 
<NV.«:v&r\i  a;  o  i,iA.r:.'\'-  fVr  tf  the  princi.'^i  tv 
aJ^s-wirvS  t*>;i:,i:t>!.  lUi:  cvcv-.ciKo  of  tbe  ic^ 

••  !/  \  Sr  r^'Atixl  1*  p--2,.-:rji\ao«!  B  as  ar- 

ar*  .  <  ,:  }  i-^-k     V  V-'- 1  iv'.  r-^'.   :,•   •:■ ;  "'"^ 
«/'.v  ,--   .J  .J.':  IT*  •  :   .->  r.-J     .-.•  r  <  ^ 
t\.;"<-  .    *>^-  :  :*•<  »\-\:cs»j-\  ;   i        •   -Sfy 

e^       *     X      ■'*»■"    •l'>l?fc;    IO>^vl-;S    Slf^    •^^ 

aW«e  :*  «."•  i.*:  w  i.:  .-  .v  ;o.--.-  ':  y  >.  • 
V.'r.V:...i«  vri-  ;  .^f  i.vt-jaSL-Ti  Tn^-^savt 
!»•«:-:  « t*^^  V  i  :.*  .:-.  Tf  ••»."*  .-.•fr::*  -•.*  ;y 
tW  |i^  n.  .1..  •••.-!  .-I.:  .v.i  ?if  r:.fc:if  !.•■  t-o." 
^»    ;W     "I     *.:■'    CJiT-'  i.-c  ir   /c  ..i»f   7r-a«'^a 

ff  :  i«f  4.-**  nr-s  /I.  *irf  ."1  .to:r«i  ^  w*  W'^.  ;.'  hf 
S!:"Sc''ic  ■:•  ,-.'ir«xt  I.. a  r  W  •€*•€  jnfMni#\ 
YfT  li  T  r.i  •  .-ijf..  *!«  Utf  ii»  It*  S.-vr:iair.  Iir 
cnitiif.-  £  tr*  ittmsj  It  lAMnor.  c  »  lauwb-.. 
•^«  .'f  M>  Mr  iif«<«wiiir  T-Ma  f^'idrauv.  ar> 


exculpation,  which  the  aeceBtfy  Mh   not 
know,  or  cannot  prore. 

The  answers  made  bj  my  Lord  Advocate  to 
this  ureliminary  objection  to  the  order  of  the 
trial,  have  been  three.  FirtI,  That  it  is  affainat 
the  interest  of  society,  that  crimes  shoald 
pass  unpunished;  wfafeh  afien  must  be  the 
case,  if  the  escape  or  death  of  the  prindnal 
actor  shall  be  understood  to  be  a  perpetual  bar 
to  the  trial  and  punishment  of  those  who  are 
accessary,  and  no  less  jniil^v  in  the  comniiaaioB 
of  the  crime.  Qdly,  That  Allan  Breck  Stewart 
hath  been  called 'upon  to  stand  trial  for  thii 
crime,  and  hath  been  denounced  a  fajntiveaiid 
outlaw  for  not  appearing*  to  abide  liis  trial, 
which  is  discussing  him,  as  far  as  the  hws  of 
the  land  admit.  And,  S<IW,  That  both  AHaa 
Breck  and  the  pannel  are  cliar^d  by  the  iadid- 
ment  in  the  same  words,  as  bem^  ^ilty,  actoti^ 
or  art  and  pan  of  the  same  heinous  ciiaies ; 
w  hicb  beiUiT  in  the  precise  terms  of  the  act  IAS, 
pari  l:2ih  uf  James  6.  nothing  can  be « 'J 
to  the  relevancy  of  that  part  S[  the  hbeL 

To  these  1  w'ill  offer  but  a  word  or  two  in 
reply.  As  to  the  first,  founded  upon  the  pob* 
lie  expediency,  and  the  dan^roos  eoDsequcBeri 
whtch  may  nf^ult  from  this  dtstindioD  in  d» 
onfer  of  trial  of  principals  acd  accessaries,  it  ii 
sntn  ient  for  me  to  sav,  ^  incomiBodam  non 
soil II  arcnmentum."  iTIie  law  has  been  mora 
anxious  m  pa^Tidin?  for  the  dcftoee  and  safety 
of  the  lives  of  the  subjects,  io  the  trial  of  crimes^ 
than  for  the  cvsvktioo  and  paaisbBefit  of  the 
pi'/ity.  Asd  hence  ii  has  becoaie  aa  axiom  in 
the  (aw.  bet:er  that  tec  ^Uy  pcraos  shonM 
escape,  than  that  oce  inooccBt  persvo  abeoM 

SU3:r. 

Tc>  the  sev-«cJ.  «i:b  r«sa*d  to  the  fositatioB 
of  Ai!^3  Brv'.-i.  I  isswer^  Tbatfcefi  ru|:itatioa 
dkws  DxH  i3»i''y  a  etWTi«-tx«  oi  tbe  ct.iim.  wbieh, 
S  ::.e  law  c:'  Scot**  d.  cxn  ec'i  prxirtrf  optm 
e».ie«,T  brv'jLiiiii  i^iuss  iSe  cr^.  -a!  preseii 
■^  c,\ir:  i.p%K3  ajs  tT!  i>.  A^  aci  ec  ?'zjiucioQ  is 
>.  ;-VY  i-va-  aj!*:'jrr'^'  •"  •***  c^-i.  awiri- 
7^  :  -e  t^-^ei:  cf"  a.Mei..e^  ajavfC  tbe  de« 
iTk ■.■.*"  f.-c  V*  <va: €-•'.•>".  'T  r?c  a.->*snsc  «• 
fii:- :-.x-.  v^^^M  b-*  i-s^sr  ••  «!:t :    ir-d  e«tihcr 

r-rCk^.S  «.-•■»    »»•     r?.' f  l*^r  S.'BWIl  f^fTaOQ^ 

e^  ef  liie  cr-^-*^  i^i-z.-^f  i^i  i*«  bim. 
•  t»v  7r»?w^2.  t  ■*  *  ■  .':?*-y    "  L n mkm 

;.j^  .-^  »<.  *-  .1-  »»  ^■•■.  .>:■  •!*<•.■  '.:i  i<\ypisarji 

I    .•  "f    irtc  ^:i    ?  >    I'*  '.v^f  ■  "V^^   :r  a9<iQa| 
r7  Uft.«  ^.Mi  o: '  •♦       \-r     "-s  -s  3es*-eea^  to 

•.im».**  S4«i«  i%i   «eKiC?  .•*■  Hv^^  f^  3t  wfl 
An.-?r    7i  %*^tr  urmarink   »  <:  r*t  v.*  wr  Ji4a 

i-'Scr  !!«  itiM  Tt  n,tr:  k-^   T>4S  it  <«^i 
sue  hr  -:W  nobv^um  of  t>.«  \tm  ?»  aHi«!iA  tko 

«c«kr  le  |r*PC««f:ir«  it 

■VktraJiowm 


f: 


Murder* 

4f «1  wmi  |iftft«  vrilliotit  obli(;in^  th?  prc^eenior 
t»  mmimcm^d  n*wi»  the  wlielc  |»«rtictitjr  acts 

ftffViMBlar.  ^  rifffnit  case,  hits brousrht 

Hfoadl^i  1,  not  as 

1  w<H^«  *«^  Mn  »u<:  I  lo 

lition  of  ilu'  M  i  l>« 

r*  r  ImrM^e  iigiiiti^t  tUt  pan 

^^j  M  whmLi,  \  in  oontnidictimi  to  the 

^ptml  Wfn  liiur^i'd  ID  the  nulicJtnietit,  hut 
mSf  m  ieepMary  ;  oni}  conierpivntlyi  in  the 
wmmnflmm,  aetnr,  art  awl  port  in  the  commis- 

'\v  the  learned  sir  Matlliew 
1  ImifU^r  <ji  priiicijtah  atui 
is  a|»|tiic&bie  to  Ibe  pre- 

treason,  aaya  be,  all  are 
UB  to  the  course  of  pro- 


A.  D.  1752. 


lUO 


il  hmih  'beeii«  and  inilced  oti^fht  to  be 
that  tlifvse  who  did  aetunlty  eom- 
mi^kmtwrj Ibci of  rresaon  abcrald  be  first  tne<l, 
Wbrr  ibMvtlMt  are  piitici|ial9  in  tlie  second 
ikwieCt  fceome  oiberwise,  this  incoiirenieoce 
Ai^fflt  JMInw,  itiAl  the  principala  in  the  fiecoDd 
iifnii  iB^lit  be  cOfifit*teif«  and  yet  the  yrm- 
'*'  '  in  ttiie  ftrit  degree  mi^'lit  be  acquitted, 
womSd  bt  aboard/'  And  it  ia  hinnbtv 
il^  lliaA  thit  absurdity  would  be  much 
m  ibe  caac  of  a  remote  accessary* 

Uve  dtdt*ioii  to  the  Case  of  James 

^f--^r- -or  apply  to  the  point  in 

t^iime  waM,  in  that  case» 

to  procure  a  muriiage 

1  bromer ;  yet,  as  Jnmes 

iH/'  and  assiatiii^  in  the 

;ibcliirlioii,    coose- 

Sy  I      'ti  the  first  dep-ree, 

ao  tsiir  lur  in  the  uhi»le  crimes 

I)  a&d  ,  I  r,  could  not  be  intitled  to 

tad  dit  del ciH;e  wkch  has  been  offered  ihr 
aaaaMrf. 

wW  ««  therefore  humbly  snhuitt  to  your 
kpitliijpt' isoeicidrrDLtion  ii^  tliat  tliou^h  an  ac- 
aiMry  ai  r  ,     'V  ijru)il table  with 

Ibt  pn»npii  li  laid  down  n 

I     I  he  (rials 

S  and  aa 

i'y    int:  atatnte  of 

:  9l  this  pannel  can- 

i^.^ck  Stewart,  the  sole 

of  the  murder,  is  firat 

<i|is  yhall  6fHl  reafion  for 

tioti,    tlip  pnnnel  ho|>ea 

/  justice,  that 

f'ntnr,  a  proof, 

■iries  that 

1    charge 

1  aipainat  limi  ui  ihi^  uidictiiiuit. 

1W  lamia,  upm  baating  the  Criminal  Let- 
^  laail,  and  the  Debate  th^reopOD,  |iro- 
^^       ^  liic  Mloatinif 

IrrtmuYcmtii  t 
1W  I^rd  Ji0liee-G«»tral,   and    Lord^ 
nf  JiMrtltkiyi  bavipf  eociaitfarel 


tMeod  enaitlctcd, 
IM,  if  T 


at  lat^ptt,  tii 
■ai  irnd  U 


the  onmiaal  libel,  pursued  at  the  instance  of 
William  Grant  of  1*1* ^'""T'-'T^"*'  ^^.  htsi 
jesty  *ii  advocate,  foi  >  i  i»r«st ;  i 

alfo  ut  the  in»iaucei)i  1  , ,  dau|fhti 

to  the  hon.  Hngrh  Mackay  of  BtjOfhouiie,  ew 
and  relict  of  tiie  deceasetl  Colin  Campbell 
Cilentire,  for  herself,  and  on  behalf  of  Elizahe 
and  Lucy  CaniplidU,  her  infunt  eluMren,  wiib 
fSoacoui*aie  of  bi^  nm jesty's  advocate,  fur  his  ma^ 
j^ty 's  interest,  against  James  Stewart  panttc  ^ 
w\ih  the  loreg^oi  I  (^debate  thereupon,  repel  thj 
Dbj#»ction8  to  the  libel,  and  find  the  libel  releran 
to  infer  the  pains  of  law  :  tltut,  time  and  plac 
hbelled,  the  deceased  Colin  Campbell  of  Gla 
nure  was  murdered^  uiul  thiit  the  pannel  /atn^ 
Stewart  was  g^uilty,  acior,  or  art  and  purt  then 
of;  but  allow  the  pamiel  to  prove  all  tacts  ai)d~^ 
circumstances  tliat  may  teml  to  exculpate  him  ; 
and  remit  the  pannel,  with  the  libel  as  found 
relevant^  to  the  knowledge  of  an  assize. 

**  Anorm  L  P.  !>,*• 

Therea(\er  the  Lords  continued  the  diat 
against  the  aliove  J aitiea  Stewart  pannel,  till 
to-morrow  morning  at  six  o'clock  precisely « 
and  ordained  the  partieii,  witnesses,  assi/^ers, 
and  others  ronccined,  to  attend  at  tliat  time, 
and  the  pannel  to  be  carried  back  to  prison. 


Cum*  rnNERTs  JoETiciAttis,  S,  D,  N.  Refia 
ten  ta  a  pud  bur^um  de  Inrerarii,  vicesimo 
secuodo  die  mensis  Septembris,  anno  Do^ 
mini  miUeHimo  septingentesimo  <|utitqua- 
l^esimo  secundo,  N.  S.  per  nobilem  et  pne- 
potentem  Principeiii  Atcliiboldum  llact'iu 
de  Ari^yll,  Doroioum  Justtciarium  Gene^ 
ralera,  et  Patricintn  Grant  de  Elchies,  ar* 
mif^prum, et  Dominum  Jacobum  Fergusuii 
de  Kilkerran^  f>omiuos  Camtoiasioium  "^ 
Justiciarij  dicii  8.  i>.  N,  ttegif. 

Curia  tegittiine  affirmata, 

Jamct  Stewart  pannel,  indicted  and  ai^cus^ 
as  in  the  Ibriner  sederunt. 

Tlierenftcr  the  Lords  proceeded  to  malL_ 
choice  of  the  foUowiti|>'  persons,  |o  pass  u[ton 
the  Asaize  of  the  said  James  Stewart »  |Kinuet: 

L  Colin  Campbell  of  Canvhin. 
d*  l>ou^l  i>laci)oUi;al  of  Gdllunah* 

3.  Alexander  Dancanson  of  Kiles, 

4.  Duncan  Campbell  of  South- Hall. 
5^   Hector  Macueil  of  Anlmeanish. 

6.  James  CamphflU  late  bailie  of  Inferar 

7.  JaniPs  Catnphell  of  Rasheilly* 
Ci.  Jame«  ('ampbell  of  lludale, 
9.  Colin  Gillespie  of  B:dimore. 

10.  Colin  C Jim pbtdt  of  Si'""«i  l» 

11.  Duncan  Ciimpbel I  rouL 

12.  Colin  Campbell  ol  ' 
%^.  Niel  Campbell  ol  Duutroon. 
li.  Arc  In  bald  Campbell  ol  Date  iDCraigoij 
15  Niel  Camptiell  vl  Dnnata£Eiii&b< 

The  above  Assize  all  lawfully  avrorn,  and  i 
olrifctitNl  to  the  «OQ<i«ry. 


9IJ 


SJ  GEORGE  II. 


Trial  nfJamei  Sleaiart, 


[93 


Thereafter  the  Proiecutors,  for  proving^  the 
criminal  Libel,  called  the  Witnesses  cited  by 
them ;  and  the  Pannel,  for  proving^  his  De* 
lencFf),  called  the  Witnesses  cited  b^  him  ;  and 
the  prosecutors  caused  to  be  read,  m  presence 
of  the  jury,  the  Writings  produced  by  way  of 
evidence  for  them ;  and  tne  pannel's  counsel 
caused  to  be  read,  in  presence  of  the  jury,  the 
Writingfs  produced  for  him;  all  which  Depo- 
sitions and  Writings  are  as  follows : 

Tii£  WHOLE  Proof  brolght  both  on  the 
Part  of  the  Prosecutors,  and  on 
THE  Part  of  the  Pannel. 
Jatnci  Stewart,  pannel,  does  admit  the  truth 
of  all  the  writings  contained  in  thein?entory 
of  writings  tubjoiued  to  the  criminal  letters, 
and  which  inventory  was  delivered  to  him  at 
executing  the  said  letters  against  him,  excepting 
two  of  the  said  writings  which  he  does  not  ad- 
mit, viz.  the  writing,  number  7,  intitled, Prin- 
cipal holoCTaph  letter  by  Allan  Stewart,  sou  to 
the  said  James  Stewart,  addressed  to  Duncan 
Stewart  of  Glenbuckie,  dated  at  Aucliam,  the 
Ist  of  April,  1752;  and  the  writing,  number 
12,  intilfed.  Draught,  letter  by  the  said  James 
Stewart,  and  of  an  instrument  of  protest  at  the 
tenants  instance,  relative  to  the  said  decreet  of 
removing  and  suspension  thereof:  but  the  said 
•  draught"  letter  and  instrument  being  again 
shewn  to  the  pannel  in  court,  the  pannel  admits 
the  truth  and  authenticity  of  these  also ;  and 
therefore  admits  the  truth  of  the  whole  writings, 
except  the  writing  liefore-mentioned,  number 
7 ;  out  does  not  admit  the  writings  subjoined 
to  the  said  inventory,  being  two  principal  de- 
clarations by  Allan  Stewart,  son  to  the  said 
James  Stewart,  five  principal  declarations  by 
Charles  Stewart,  also  son  to  the  said  James 
Stewart,  three  principal  declarations  by  Mar- 
caret  Stewart,  s|»ouse  to  the  said  James 
Stewart,  and  two  by  Elizabeth  Stewart,  his 
daughter. 
P.  Grant.     (Signed)    James  Stewart. 

TbereaHer  the  Prosecutors  for  praving  the 
above  criminal  Libel,  adduced  the  following 
Witnesses : 

Mr.  Archibald  CampbcU  of  StonefieM,  she- 
riff^ depute  of  the  shtre  of  Argyll,  aged  56 
\rars,  married,  lieini;  solemnly  sworn,  pui^ged 
of  malice,  i^ariial  counsol,  examined  and  in- 
terrogate, and  being  shown  the  writings  fol- 
lowing, viz.  four  principal  declarations  by 
Charles  Stewart,  sod  to  the  pannel,  bearing 
to  have  been  emitted  in  the  deponent's  pre^ 
sence,  and  dated  the  ^2d,  93d,  and  95ih 
days  of  May  last,  and  three  dcclaratioDS  by 
Margaret  Stewart,  apouse  to  the  pannel,  and 
two  'dcclaraCiQn  ly  ENsabeth  Slawart,  hia 
dawlMer,  all  of  IMi  bcuinff  In 
cnitiid  I  [  iti  iiatt    "       " 


tained,  and  were  all  subscribed  by  the  respec- 
tive declarants  in  the  de|H>iient's  presence,  ex* 
cepting  only,  that  the  declarations  by  the  aaid 
Margaret  Stewart  and  Elizabeth  Stewart  wer^ 
not  signed  by  them,  but  were  signed  bv  the 
deponent  for  them,  because  they  declared  they 
could  not  write.  And  there  being  also  shewn 
to  the  deponent  two  declarations  by  Allan 
Stewart,  son  to  the  pannel,  bearing  to  have 
been  emitted  in  presence  of  George  Douglas,. 
sheriff-sulMrtitute  of  Invei'uess,  dated  the  3d  of 
June  last,  and  a  declaration  bearing  to  be  emit- 
ted by  the  said  Charles  Stewart,  son  to  the  pan* 
nel,  in  presence  of  the  said  George  Donglaa, 
sheriff-substitute,  dated  the  4th  of  June  last, 
depones,  That  the  deponent  was  present,  an4 
saw  and  heard  the  said  declarations  by  the  ^d 
Allan  and  Charles  Stewarts,  emitted  in  presence 
of,  and  taken  down  in  writing  by  the  sheriff- 
substitute;  and  they  were  at  the  sheriff- 
substitute's  desire,  dictated  by  the  deponent  to  - 
the  clerk ;  and  the  deponent  saw  the  said  de- 
clarations subscribed  by  the  said  Alkn  and 
Charles  Stewarts  respective,  of  the  several 
dates  therein  contained,  voluntarily  and  freely, 
without  any  compulsion  or  coaclion.  Caaas. 
scientUe  patei.  And  this  is  the  truth  as  be 
shall  answer  to  God.  (Signed) 
P.  Grant.  Arch.  Campbell. 

After  emitting  of  the  above  Deposition  by  Mr. 
Archibald  Campbell  of  Stonefield,  to  save  tbe 
time  of  the  Court,  in  bringing  further  proof  of 
the  declarations  therein  mentioned,  tbe  Pannd 
judicially  declared,  t^iat  he  admitted  tbe  tmth 
of  all  the  several  declarations  contained  in  tbe 
said  oath,  that  is,  that  these  declarations  were 
emitted  by  tbe  respective  persons  therein  men* 
tinned,  and  in  presence  of  toe  respective  judgcip 
and  at  the  respective  times  therein  contained, 
voluntaril  V  and  freely  ;  but  does  not  admit  the 
truth  of  the  fiicts  as  declared  by  the  said  de- 
clarants. 

P.  Grant.        (Signed)  Jaxes  Stewabt.    . 

Mungo  CampheU,  writer  in  Edinburgh,  aged 
94  years,  unmarried,  sworn,  purged  and  cxa- 
minetl  ut  supra^  deiiones  That,  in  the  beginning 
of  May  last,  the  deceased  Colin  Campbell  of 
(tlenure  applied  to  the  deponent,  to  go  with 
him  to  Locbaber,  to  assist  him  in  oomiiictin^ 
the  ejecting  of  some  of  the  tenaota  of  thn 
estate  of  Stewart  of  Ardshiel,  and  of  tbe  tenants 
of  Mamore,  part  of  the  estate  of  Locbiel,  over 
which  tbe  s^  Colin  Campbell  was  fiMtor,  and 
which  tenants,  be  appielieoded,  would  not  vo- 
luntarily remove,  without  being  legally  ejected : 
that  they  set  out  from  Edinbuivh  logdheri 
upon  tbe  7ih  of  May  last,  and  arrived  ail 
Glennre  upon  Saturday  the  9ih  of  thai  montb  ; 
that  they  aat  out  tenther  for  Fort-Williaaa 
upon  Monday  tbe  lltb.  about  ten  o'clock  !«•• 
•ben,  and  icnained  at  Fort- WilUam  tillThm*- 
^  the  14th,  when  they  letuiued,  in  order  m* 
vanmtlhnMiEtdav  ihe« 


BMt  wm  MSI  «av  mt  gjecnao  againai  aov* 
^ mma  of  Ardihiil :  That,  when  thay 
ihnJ^  of  DiHarfciHih.ihedafcyt 


Si3J 


JtiT  Mun 


A.  D.  1752. 


[Oi 


kfoncat 


iCMHe  of  llie  tenantt,  end  crosied  tbe  ferry  Ke- 
twixl  four   and  five  io  llie  aUernoon  :    thai, 
after  croi»sing  the  ferry,  Alexandpr  Hie  wart  uf 
Bfttt^cbelisli,  elHer,  mctwttb  ihe  detuuctfaDil 
lliey  iravellcil  loj^eiher  on  foot,  nboiii  llie  space 
^btif  ft  iriile,  tiU  ihey  came  to  the  e»kirts  of 
the  ««o4    of  Lettermi»re :    that,  while   tkiey 
Bmitniijg-  toi^etlier  od  foot,  I  be  de|io* 
•t  some  UtUe  di^tauce  before  tJiem  on 
and  the  (iheriff- officer,  Doniild  Ken- 
Miff  ^irwm  An  fovl  t>efi>re  the   depone  ill,  and 
'•s  aerrant^  John  Mackenzie,  was  oo 
k  m  liltJe  before    Gletiure ;    and,  tbe 
It  buppenm^  to  drop  a  coat,  BaURcbeUsh 
Citlliil  to  bim,  and  die  servant  returned,  and 
thereby  fell  behind  Gleuure  and  Ballacbelish  i 
Ibftt  Bailacbebsh  parted  frutn  Glenure  at  tlieir 
cnteriog  into  tbe  wood  of  Lettermore,  or  tbe 
mod  oi*  Bftllttcbeltsli,  a  part  of  tbe  wood  being' 
dllid  by  ibat  name  ;  und  Glenure  mounted  biii 
and  came  up  to  the  deponent  t  that  tbe 
iC  ftsked  Gleuure,  >vh ether  Ballachelish 
said  any  tbiuf^  to  tiim  toucbing  removing 
leoaatsr     And  Glenure  said,  that  nothing 
beti^irt  them  on  that  subject  i  that  com- 
a  part  of  the  road  that  was  rough  and 
an  as  I  bey  could  not  ride  conveniently 
a-breast,  ibe  deponent  and  Glenure 
,  and  tbe  deponent  went  before,  auit 
I  have  been  about  twice  the  leny^tb  of  the 
where  tbe  Court  now  sita  belore  Glenure, 
Wircfi  the  deponent  heard  a  shot  behind  bim, 
ftOd  beard  Gleuure  several  times  repeat  these 
'^    '     Oh  I    1  tm  dead.     Depones,  that  tbe 
lot  thereupon  returned  to  Gleuure,  and 
bim  repeat  the  same  words;  and  tbink«, 
ii  not  (lOsitiTe,  that  he  added,  Take  care  of 
%  for  be*s  going  to  shoot  you  :    that  the 
i  CD  mediately  lighted,  and  run  up  tbe 
the  road,  to  see  who  bad  shot  Glenure, 
taw  at  some  distance  from  bim,  a  man, 
a  abart  dark-coloured  com,  and  a  gun  in 
iiii  band,  going  away  from  him }  and  as  the 
depoMnt  came   nearer   bim,  he  mended  bis 
ptee,  and  disappeared  by  hi|;b  ground  inter- 
Jtcted  betwixt  bim  and  tne  deponent;  and  be 
*Bi  at  so  great  a  distance,  that  the  denonent 
tkiaki  he  could  not  have  known  bim,  tnough 
Ki  bad  seen  bis  face :  ibat  the  de^ionent  there- 
Qpoa  returned  to  Gleuure ;   and  either  at  that 
liibf,  Of  Itetore  tlie  deponent  run  up  tbe  hill  as 
ifcwe  deponed,  (the  deponent  cannot  be  posi- 
trvt  wbicli)  be  took  Glenure  from  oflThis  horse. 
JSipoDca,  that,  after  taking  Glenure  from  bis 
be  leaned  a  little  upon  the  deponent's 
and  eodedfoured  to  have  opened  his 
t4>  see  where  tbe  bullets,  wberevviih  be 
came  out  of  bis  body,  but  wag  not 
tUc;    but  aaw,  in  hts  waistcoat,  two  boles  in 
kii  brily    where  the   bullets  had  come  out, 
IkopoMB,  that  Glenure  intended  to  have  been 
tbalftiifht  at  RiutaUine,  where  he  expected  Mr. 
Cliii|ibell  of   Ballieveolao   wn^  to  meet  bim  ; 
wbcrafore  the  deponent  sent  Mackenzie,  the 
Mivafit  aboYe« mentioned,  tbrwurd  to   Kintal* 
&•»!  la  aoquatoi  Baltieveotan  what  had  hap- 
ly i&d  ta  bring  hiin  to  bis  itsigtiuct :  that 


Glenure  continued  in  agonies  for  about  half  an 
hour,  or  a  little  more,  al\er  sending  off  Mac< 
kenzie,  and  then  died;  and  niLfht  coming  oi 
and  no  appearance  of  Mackenzie's  returning^ 
the  deponent  sent  back  the  .sherift"-o(fifer  abov» 
riame<l  to  Bidlacbelish,  to  desire  Mr.  Stewurt'a 
assistance^  and  some  of  his  people  :  that  in  a 
little  more  than  an  hour,  BallacheHsh,  and 
some  of  bis  people,'  with  tbe  sheriiT'officcrf 
came  to  the  deponent's  assistance,  and  carried 
Gleuure^s  corpse  that  night  to  Kintallin4%  by 
sea;  and  next  day  carried  it  to  Glenure,  whera 
some  surgeons  came,  and  inspected  his  body  ; 
and  the  deponent  saw  there  the  two  wounds  iji 
bis  belly  made  by  the  balls  coming  out  of  bis 
body.  Depones,  that  when  the  deponeut  htd 
Glenure  upon  tbe  ground,  a  great  deal  of  blooil 
Issued  from  his  body,  and  his  clothes  'were  all 
sfained  with  blooil,  particularly  tbe  small  of  hi« 
hack,  having  bf?en  laid  on  his  back  upon  tha 
ground  :  tbat  Mackenzie  tbe  servant  also  re- 
turned, betbre  they  carried  tbe  corpse  ofit  tha 
ground,  and  some  people  with  bim,  particiiw 
larly  Bstlieveulan^s  tons;  and,  being  ^hcwo 
coat  aud  waistcoat,  and  a  shirt,  depones,  that 
these  are  tlie  coat  and  vest  that  Gknure  bad  o«i 
when  be  was  murdered  ;  and  believes  also,  it  is 
the  same  shtrt.  Depones,  that,  at  the  plac« 
where  Glenure  was  shot,  the  wood  is  pretty 
thick  on  both  sides,  and,  on  the  side  from  which 
he  was  shot,  very  rugged  and  stony,  and 
bushes  in  which  Ihe  murderer  could  have  easily 
bid  and  concealed  himself:  that  the  grouud 
there  rises  up-hill  towards  the  south,  though 
there  are  places  in  it  where  the  murderer  might 
be  pretty  nearly  upon  a  level  with  Glenure; 
and  there  are  afso  places  there  so  situate,  as  a 
person  standing  there  might  see  tbe  most  part 
of  t!ie  road  from  tbe  ft-rry  to  tbe  ivood,  and 
even  a  part  of  the  road  betwixt  Fort  William 
and  the  ferry  ;  and  which  place  is  not  a  mus- 
ket shot  from  the  spot  where  Glenure  was 
murdered.  Depones,  thai  neither  the  defunct, 
nor  the  deponent,  nor  any  of  their  com- 
pany, had  any  sort  of  anus  with  them*  De- 
pones, thai  it  was  betwixt  5  and  6  o'clock  in 
tbe  aftert)oon,  at  he  thinks,  when  Gleuure  was 
murdered  as  aforesaid  ;  and  remembers,  when 
Glenure  was  dying,  the  deponent  looked  at  his 
own  watch,  aud  found  it  was  then  about  6 
o^clock.  And  depones,  that,  upon  recol lection, 
he  cannot  he  positive  whether  he  observed  both 
the  wounds  in  tbe  defunct'r;  belly,  or  only  oi 
of  them.  And  being  interrogate  for  tbe  panueli 
depones,  that,  some  days  after  the  murder,  th« 
deponeut  sent  a  Serjeant  and  a  party  of  soldiera 
to  the  pannel'g  bouse  at  Aucharn,  with  orders 
to  search,  and  particularly  to  search  for  writ-> 
ingsi  that  the  serjeant  reported  to  the  depo^ 
nent,  tbat  he  bad  searched,  and  delivered  to  tJti_ 
deponent  otie  paper  which  he  found  tbere^ 
being  a  scroll  of  a  letter  by  the  pan o el,  and  of 
an  instrument  of  protest,  being  tbe  number  1% 
of  tbe  inventory  subjoined  to  the  libel,  and 
which  is  now  iu  tbe  clerk^s  hands;  aud  being 
fihowo  to  tbe  deponent,  depones,  that  it  is  tba 
same  writiog  that  wm  deUvartd  to  biai  b)  tbt 


95]  25  GEORGE  IL 

•erjeiDt.  Depontf,  tbtt  the  teijemnt  gave  him 
no  more  papers  but  that  one  ;  and  said  that  he 
bad  brought  away  no  more.  Causa  scienlUe 
putet.  Aud  thia  is  truth,  as  be  shall  answer  to 
God.  (Signed) 

F'.  Grant.  Mi/mgo  Gampbell. 

John  Mackenzie,  late  serrant  to  Glenure, 
QDinarried,  af^ed  19  years,  witness  cited,  sworD, 
pnrged  and  examined  ut  supra,  depones,  That, 
upon  the  14th  of  May  last,  he  came,  wilb  his 
master  the  deceased  Colin  Campbell  of  Gleuure, 
from  Fort- William,  bv  the  horse-road  leading 
to  the  ferry  of  Ballacheliah,  which  road  cuin- 
cidea,  a  little  way  next  to  Fort- William,  with 
the  new  road  commonly  called  the  King's  road: 
ihat  tbey  passed  the  ferry  of  Ballacheliah,  and 
came  along  the  high  road,  which  leads  to  Kin- 
talline  through  the  wood  of  Lettermore:  that, 
Gitming  up  with  Alexander  Stewart  elder  of 
Ballachelish,  who  waaonfoot*  Glenure  alighted 
from  his  horse  to  walk  a  little  with  Ballachelish, 
and  desired  Mun^  Campbell,  writer  in  Ediu- 
Imrgh,  who  was  in  company  with  Glenure,  as 
also  the  deponent,  to  step  on,  which  accord- 
ingly they  did;  but  coming  up  to  a  place 
where  they  were  stout  by  the  tide,  they  were 
obliged  to  alight,  and  lead  their  boraea  across 
a  rock ;  and,  upon  that  occasion,  and  by  which 
means  it  happened  that  the  deponent  dropt  a 
great  coat  lielonging  to  Donald  Kennedy* 
slierifT-ulficer,  who  was  also  along  on  foot,  and 
which  be  had  got  from  him  to  carry  when  they 
passed  the  ferry  of  Ballacheliah ;  and  Glenure 
and  Ballachelish  coming  up,  and  finding  the 
great  coat  lying  en  the  road,  one  or  the  other 
(if  them  cried  out.  To  whom  this  coat  belonged  ? 
which  the  deponent,  being  within  distance  to 
hear,  said,  it  belonged  to  IHmald  Kennedy,  and 
that  be  had  been  carrying  it,  and  had  dropt  it ; 
whereu|>on  he  returntd  to  fetch  the  coat,  bv 
which  means  Glenure,  who  had  parted  with 
Ballachelish  at  the  rock  that  has  been  just 
mentioned,  got  before  the  de|ionent,  and,  when 
about  a  musket- shot  before  him  in  the  wood  of 
J^ttermore,  he  heard  a  shot  which  he  took  to 
be  from  a  firebck,  which  he  did  not  much 
mind,  nor  know  from  what  quarter  It  bad  come ; 
but  when  he  came  up,  he  saw  Mungo  Campbell 
wringing  his  hands,  and  his  master  lying  on 
the  ground  with  a  great  deal  of  blood  about 
him,  just  breathing,  and  not  able  to  speak ;  and 
Donald  Kennedy,  the  sberifT- officer,  was  at 
that  tune  standing  by  him  ;  and,  as  near  as  the 
deponent  could  guess,  this  was  about  (ire 
o'clock  in  the  al>erooon.  Depones,  That 
Mungo  Campbell  directed  the  de|K)nent  to  ride 
forward  with  all  speed  to  Kintalliue,  and  to  see 
if  John  Campbell  of  Ballicveolan,  or  bis  sons, 
were  there;  and,  if  they  were,  to  acquaint 
them  what  bad  happened,  and  to  come  up  im- 
■oediately.  Accoraiugly  l^e  went,  but  found 
neither  Balliereolaii  nor  his  sons  there:  but 
being  told  by  one  of  the  tenants  of  Acbiu.lar- 
roch,  that  probably  James  Stewart  in  Aucham, 
wba  ia  now  tJie  pannel,  might  give  bim  some 
•econnt  of  Ballitffohui }  that  accwdiiigly  he 
4 


Trial  qfJamu  Steioart, 


[96 


went  to  James  Stewart's  house  in  Domr ;  and 
James  seeing  hina  weeping,  asked  what  the 
matter  was  ?  The  deponent  told  him,  his  master 
was  killed;  whereupon  James  Stewart  asked 
bim,  by  whom  aud  bow  it  was  done  ?  To  which 
be,  the  deponent,  answered.  That  he'  did  not 
know  by  whom,  and  believed  it  to  be  by  a  ahot 
from  a  ^nn  or  pistol :  that  I  he  deponent  then 
asked  him,  what  was  the  nearest  road  to  Gleo- 
duror,  where  he  expected  to  find  Ballicveolan? 
Which  accordingly  James  Stewart  having 
pointed  out  to  him,  he  followed ;  and  meeting 
with  one  Allan  Duw,  whom  he  had  seen  se- 
veral timea  before,  he  prevailed  with  biro  to  ge 
to  Glendnror,  and  acquaint  Ballieveolan  of 
what  bad  happened,  and  to  desire  him  to  come 
up  where  his  master  was,  and  which  the  said 
Allan  Dow  could  do  more  expeditiously  ea 
foot,  than  the  deponent  could  do  in  that  croea- 
wi^  ou  horseback;  and  the  deponent  imme- 
diately returned  where  bia  master  htv,  and. 
brought  no  person  along  with  him:  that  his 
master  was  then  dead,  and  that  the  people  of 
Ballachelish  were  at  this  time  come  no,  and 
were  standing  about  him.  Depones,  Inat  be 
was  then  sent  off  a  second  tiine  with  a  horse 
by  the  road  Ballieveolan  was  expected  to  come, 
in  order  to  hasten  bim ;  and  having  accord- 
ingly met  Ballieveolan,  he,  at  BalTieveolan's 
desire,  went  and  acquainted  captain  CampbeU, 
younger,  of  Barcakline,  of  what  bad  happened. 
Depones,  That  when  bis  roaster  and  be  oame, 
as  bas  been  said,  from  Fort-William,  on  the 
14th  of  May  last,  tbey  met  tlie  foresaid  John 
MaccoU  going  to  Fort-William  at  the  foot  of 
the  three-mira  water,  which  is  about  three 
miles  from  Fort- William;  and  that  the  said 
MaccoU  came  to  the  ferry  of  Ballachelisb  mueh 
about  the  same  time  with  the  deponent,  but  be- 
fore Glenure,  who  had  stayed  some  time  talk- 
ing with  the  tenants  of  Ballachelish ;  and  for^ 
ther  adds,  that  bis  master  had  stayed  at  Coorj- 
chorrachan,  which  is  about  five  miles  from 
Fort- William,  about  an  hour  and  a  half,  or 
two  boors.  Depones,  That  when  MaccoU  de- 
sired the  ferryman  to  carry  him  over,  the  ferry- 
man begged  to  be  excused  till  Gleoure*s  horses 
should  go  over ;  and  that  he  waa  then  em- 
ploy^ in  gathering  wreck :  but  MaccoU  would 
not  delay ;  and  acxsordingly  was  ferryed  over, 
as  bethinks,  about  half  an  hour  before  Gienura, 
whose  horses  were  first  ferryed  over,  and  tdoof 
witli  them  the  sheriff-officer,  and  sfterwanfi 
Glenure  and  Mungo  Campbell.  And  depones, 
l*hat  neither  Glenure,  nor  any  in  bis  compao/t 
had  arms  of  any  sort  along  with  them.  And 
a  coat,  waistcoat,  and  bloody  shirt,  referred  to 
in  the  list  of  evidence,  being  shewn  to  the  de- 
ponent, depones,  that  they  were  the  very 
clothea  and  shirt  Glenure  had  on  when  be  was 
killed  as  aforesaid.  And  further  deponeti 
That,  when  he  saw  the  pannel  at  bin  honae  in 
Aucham  as  aforesaid,  the  pannel  wrung  hb 
haiidsi  expressed  great  concern  at  what  had 
hap]iened,  as  what  might  brinif  innocent  peo- 
ple to  trouble ;  and  prayed  that  mnooent  people 
night  BoC  be  brought  to  iroiiUe.    Aad  htmg 


^f  Murderm 

idr  Hie  pafineU  rlepooei,  Tlitt  he- 

t  mmA  ^v  « Inch  ho  :\nA  his  master  ciifne 

fhiniF^wt*1V  h,  tlifre  isan* 

^         I       1    ;     n  ,      larel,  both    l>v 

I  fNi  fiMM,  «rbicli  is  compiued  to  lie 

\  tittle,  and  by  which  he  sup- 

—  _^^^ Cfune.     Cftii$n  sdenii^   patet. 

4Uikif  intiU^aa  faenhnli  answer  to  God. 
(Stgntd) 
Ia.  Ft»omoys,  John  MACK£!<2i£t 

iKenwtdjf^  sheriff- oiKcer  in  Interary, 

,  a^*    *''   rr"irs»  i«ilne«s  dtetl,  sivMrn^ 
an«i  '  f/f  iuprr»»  ilep«nies,Thal| 

Ilu-   I  ^T''*^   1  ^^t,  be  was  eiii- 

I  by  tf  acnes  <  i  in  Invrrtiry, 

ry  a  |)«ic<|tiLt        '.  ,  dipii  al  Furt- 

WtllimiB;  ^iKi  when  iie  ddirifreil  the  pacquet 
li  liiiii,  tnM  hrm,  tbai  it  cnntained  a  warrant 
for^irci  in  poveRRois  of  Ibe  IudiJs  of 

;  uti  the  I3ih  day  of  May,  he 
lo  >1-  or  Fort  William^  where 

bafeyttdlir  1  Gleniire,  and  dellrered 

|(>  litm«  who  told  bim,  as  James 
ll«il  heffML*  diirte,  tvhat  tbe  pacqiiet 
^■■- .  ''■■-   *■  :---i-nt,  was  to 
l«  ipifbyet'  ai :  tba^ 

fMiihr  •  ■  ,  ,,j  -i^*v,  .  -'--s  the 


A.  D.  1752* 


[98 


for  «3rci 


mi  wmmtd 


il^Wiilimii 

Fit    W  t  lit    \*<    ' 


re  a 
litl 


iiunii  to  the  vJUili  ot  Ap|iin 
<rh  him  a  ynung  gentleman, 
^  III  be  a  HrUer  «n  Edin- 
tvaiit  Jobn  Mackenzie: 
u'j,itt  .luii  tijif  bor«ifs  "  ►  i)t  lii»t  over; 
iilfain  rrturnf-'d,  and  f>iou<^ht  iivtr 
•'       |kl»t«ll,  and  ihedi^ponenl : 
u'  nn  liiDt,  as  Uah  been 
!  ifadiug  to  KiotaU 
1 1  enure  intended  lo 
fsarivf  tlul  '■"  iiHiit  fui  I  he  mad 

i^  CUnMitr,  M  II,  and  Glftiure'ii 

irrvaat,  »Kii  *oM  nol  keep  up 

mibi  i  10  rind,  unon 

^rm^  tofBiillacbe- 

Ib4  on   fivii^    hr  lii^hird  trnm  lii«  horse,   and 
rtttlf  tjn  the  wny  wiili   Bnlhichetish^ 
''if  sfsirt  orGlenure, 
'  in  company  with 
ilitf  tj>  ;v  nciU    walking  on   through 
of   l,cti«Tfn»u**.   and   after  be  was 
'     I  ihe  wond,  he 


till* 

\^  «rfit  *t 
l.wWre  li 
tbal 


te;  ana 


mm  h 

i«rda 


it  of  II 
tot  Mil  - 

livwafila  lui'J 
tnatdiaiHy  upon 
Ar  ^  liad  fviDo  u 
Am,  till  Mice  fia  heard 
ttM»  hadk  111  MnntTf  ^ 
•tkioi.  The  • 


ne  heaf«l  the 

'  '-*^  Mt  noice 

at  that 

.;.  ^...i  iid'tjre  the 

\r  fbremost,  as  he 

71ie  de!>orn"nt 

d, 

'Lie 

^  hen  be 

1(0  taid 

killed  luy  dif^r  uncle^ 


ijy  ie«tt  one  man ;  and 
de|)Ou«!nl,  iaiwd   no  ^uett)anf> 


beingf  in  confution,  and  dreading  for  the  same 
fate  bimseir.      Depones,  That  he  saw  Glenure 
lyin^  upon  ihe  ground^  with   grent  plenty  of 
blooij  nbniil  bttn,  and»  as  the  breast  of  lils  waist- 
coat bad   hc?en    op^^ned    litffore  tbe   defionent 
came  nri«  he  saw  a  hole  in  bis  shirt,  through 
which  ne  supposeil  a  bullet  bad  come;  and 
that   the    dejionent  stayed  at  the   place    till 
Gfenure  expired*     Deponea,  that  John  Mac* 
kenzie,  Glenure's  serrant,  was  dispatched  by 
Mun^  Campbell  to  tbe  house  of  ivintatline, 
where  Glenure  was  to  lolg^e  that  nigrht,  and 
BaHieveoJnn  alou^  with  bim^  with  orders  to 
briog  Ballioveulan,  and  some  other  gentlemea 
that  were  expected  to  be  there ;  Muogo  Camp- 
bell also  desired  ihe  deponent  to  g^o  for  other 
people,  which  the  deponent  at  first  declined^ 
g-ivin^  this  re<i8on  for  it,  that  he  would  slay 
and  run  the  same  risk  with  Muogo  Campbell  ; 
but  at  last  was  pi'erailed  upt»n  to  go  by  Mimgo 
Campbell,  whom  he  left  alone  with  I  be  corpse, 
and  the  deponent  brought  Alexander  Stewart 
elder  of  Batlachelisb^  and  several  other  people 
of  the  town  of  BaUacbelish.      Depones,  thai 
while  Glennre  and  his  company  were  at  the 
ferry  of  Ballachetish,  as  aforf»aid»  be  saw  • 
rnan^  who  seemed  to  lje  in  a  hurry  to  |fet  orer 
•he  i'crry,   who  provrd   to  be   John  Maccoft, 
servant  to  the  pannel ;  lo  whom  Glenure  said, 
in  thedeponcnt'^  hearini^,  8ir,  you  travel  better 
than  1  [HK     To  which  he  answereij,  1  am  in  i 
haste,  and  so  went  over  the  ferry  about  an  bout 
before  Gfenure  passed  it,  who  had  sotne  bust*! 
ness  lo  do  with  tenants  there.     Depones,  thatyl 
when   the  p«?ople  were    gatbererl    about    th 
corpse,  as  aforesaid,  the  said  John  Macroll  wa 
(tinontrthem.     And  MunertiCamplieli  then  loli 
tbe  deponent,  that  when  Glenure  nnd  be  wer^l 
come    three    miles  from    Fort    William,  ibe#l 
met  the  fsaid  John  Maccoll  going  to  Fort  Wit  J 
liam,  and  that  he  wos  back  at  ihe  ferry  of  BaUl 
hchelisb,  though  on  foot,  as  soon  as  they.  De*l 
pouFs,   that  Glenure  was  shot   aboiit  half  aii  J 
iionr  after  five  in  the  evening",  and  died,  as  h^  j 
thinks,  about    six,   Mungo  Campbell  havtntf  I 
then  I  rooked  at  bis  watch.     De|ioiie9»  thnt  tbi#] 
John  ]^[iccoll  was  none  of  the  people  that  thii  J 
deponent  had  called  upon:    that  the  corpa^j 
was  carried  that  night  lo  Kintalline  by  waierg  1 
the  place  where  they  lay  being  but  a  abort  ' 
<)isiance  down  through  a  nigged  part  of  tbtt  i 
road  towards  the  Loch.     And  being  iolerrogat#^ 
for  the  pannel,   depones,  that  there  are  tw#  j 
roads  leading  from  Fort  Wdham  totbe  ienf  i 
of  Ballacbehsh,  one  of  them  being  a  horse-  , 
road,  by  which  Glenure  came,  Ihe  other  a  fooU 
road,  which  is  the  shortest  of  the  two  by  about  \ 
a  mile.     Cansa  scientia  patet.     And  iUm  is  tht 
truth,  as  he  shall  answer  to  Goit     And  belai^ 
further  interrogate  for  ll*e  pursuers,  depooefl| 
that  neither  Glsnnre,  nor  any  in  his  com  pan  j.  I 
had  arms  along  with  thetn  of  %ny  kind.     Anil  i 
being  also  further  inleiipogate  for  the  panneV^ 
depones,  that  Jnbn  Macooll  was  at  the  ferry 
beKire  Glenure  came  up.    And  this  Is  trtith| 
as  ho  shall  an«(wer  toGod.        (Signeii) 
J  A.  FiK^uftort.  BgfiALo  &£H>eoT. 


25  0EORGE  IL 

John  lUnf  Lhingiione^  aliat  Maeanure^  in 
Ballacheliah,  roamed,  aged  40,  who  beio^ 
vtvorn  by  Archibald  Campbell,  Bheriflf-aubsti- 
tute  of  Argj^llahire,  aworn  interpreter,  punned 
of  ualice  and  partial  counsel,  cfepones.  That, 
upon  Thursday  the  14th  day  of  Nav  last,  he 
saw  Allan!  Breclc  Stewart  in  JUllacbelish,  in 
the  ibrenoon,  dressed  in  a  dunnisb  \ng  coat ; 
but  had  no  conversation  witli  him :  tliat,  upon 
the  eveninff  of  the  said  day,  he  aaw  John 
Beg  Maccoil,  servant  to  the  pannel,  travelling 
at  a  good  rate  frooi  the  ferry  of  Ballacheliah, 
towards  his  master's  house.  The  deponent 
joined  him  upon  the  high  road,  and  asked  him 
vrhere  be  had  been  ?  To  which  John  Maoooll 
replied,  That  he  had  been  at  Mary  burgh  for 
Charles  Stewart,  notary  public,  but  did  not  find 
liim  at  home :  that,  during  this  conversation, 
the  deponent  travelled  the  road  along  with  the 
said  John  Maccoil,  and  only  stopped  for  a 
very  short  time ;  and  that  the  said  John  Mac- 
coil told  the  deponent,  that  Glenure  that  night 
was  to  lie  at  Kintalline.  Depones,  tluit,  about 
an  hour  and  a  half,  or  two  hours  thereafter,  the 
deponent  went  to  the  wood  of  Ballachelish, 
adjoining  to  Lettermore,  to  cut  some  sticks  be 
wanted :  that,  while  be  was  in  the  wood,  he 
saw  Donald  Kennedy,  sheriff-officer  at  Inve- 
rary,  passing  alooff  the  high  nwd  below  him, 
and  a  little  after  him  Mungo  Campbell,  and 
John  Mackenzie,  G tenure's  servant,  and  a  little 
after  them  Glenure  on  horseback,  and  Alexander 
Stewart  elder  of  Ballachelish  aloiig  with  bin ; 
and,  as  the  deponent  observed  Glenure  and 
Ballachelish,  they  found  a  big  coat  upon  the 
high  road,  and  called  to  the  said  John  Mac- 
kenzie the  servant,  and  the  servant  came  back 
for  tlie  biff  coat,  and  Glenure  and  Ballacbe-  < 
lish  parted:  that  the  deponent  came  down  to 
the  road,  and  entere<l  into  conversation  with 
the  said  John  Mackenzie,  and,  after  a  few 
questions,  the  said  John  Mackenzie  went  on 
after  his  master ;  and  immediately  thereafter 
the  deponent  heard  a  noise,  whicn  he  ima- 
gined to  be  a  shot,  but  waa  not  sore.  De* 
pones,  that,  some  time  thereafter,  he  went 
along  with  Ballachelish  to  the  wood  ef  Letten> 
more,  where  he  found  Glenure  dead,  and  was 
one  of  the  people  that  assisted  to  carry  the 
corpse  to  Kintalline.  Causa  tcientue  patet. 
And  this  is  the  truth  as  he  shall  answer  to  God. 
And  depones  he  cannot  write. 
(Signed) 

P.  GbAKT.  AbCH.  CiJCnBLL. 

Alexander  Campbell^  sargeon  in  Lorn,  aged 
50  yean,  nnmanied,  awom,  purged  and  ex* 
nmined  ut  tnpra^  depones,  That  Im  waa  called 
to  the  house  of  Glenure,  upon  the  15th  day  oC 
May  laat,  to  ioapect  the  body  of  the  then  de* 
ceased  Colin  Campbell  of  Glenure,  who,  the 
fleponent  was  infonnad,  had  been  shot  the  day 
betbre ;  and,  having  aeoordinffly  inspected  tM 
body,  he  fonnd,  that  he  bad  neco  ahot  by  two 
bnlleta  entering  at  hia  back,  one  on  cneb  aide 
nf  thn  bnok-bone  ;  one  of  wbieh  bad  < 
MUbMl  half  w  in*  btkm  dw  ufd. 


Triai  qfJamei  Stemari^ 


[100 


the  other  about  two  inches  from  it,  towarda  tbn 
right  side.  And  depones,  that  they  were 
tiiortal  wounda,  of  which  the  deponent  believes 
Glenure  died.  Cau$a  identic  patet.  And 
ibis  is  truth  as  he  shall  answer  to  God. 
(Signed) 
Ja.  Ferguson.  Alex.  Campbell* 

AnguM  Macdonaldj  walk- miller*  in  Anchos« 
rcgan,  married,  aged  6S,  witness  cited,  sworn, 
purged  and  examined  ut  tupra^  depones.  That, 
in  April  last,  Allan  Breck  Stewart,  and  John 
Stewart  in  Auchnacoan,  came  into  the  depo- 
nent's house,  and  sat  down ;  and,  at  the  samn 
lime,  Duncan  Campbell  (the  succeeding  wit - 
uess)  came  in,  and  sat  down  also ;  and  which 
Allan  asked  John  Stewart,  who  that  wasf 
And  John  answered,  That  he  waa  an  honest 
man  in  the  neighbonrhood,  Duncan  Campbell, 
naming  him ;  to  which  Allan  answered,  That 
be  did  not  like  any  of  the  sort  or  name :  for 
that  Glenure  had  wrote  to  colonel  Crawfnrdi 
that  he  had  come  from  France,  and  to  take 
him  up  as  a  deserter ;  but  that  be  was  not  in 
bis  reverence ;  for  he  had  general  Chnrchill'a 
pass :  that  John  Stewart  said,  that  be  did  not 
so  much  blame  Glennre  for  turning  out  the 
possessorsof  Ardshiel;  for  that  he  was  but  do- 
ing the  king's  service ;  and  that,  if  he  had  not 
the  factory,  another  would,  who  would  do  the 
«ame  thing;  to  which  Allan  answered.  That 
he  rather  the  meikle  devil  had  it  than  Glentnc. 
And  being  interrogate  for  the  pannel,  deponcf » 
that  Allan  waa  tben  dressed  in  a  blue  afait 
coat,  a  red  vest,  and  feathered  hat.  Deponci, 
that  tbe  deponent  aaw  him  agam  about  the  8tb 
of  May  in  the  aanie  dress:  that,  at  that  time, 
the  deponent,  and  tbe  foresaid  Donean  Camp* 
bell  and  Maloofan  Maoooll,  were  travelling  to* 
getber,  and  met  Alfain  on  tbe  road :  that  Alhm 

Skve  Duncan  the  eonmion  nlntation :  and  aaid, 
at  tlie  tost  time  be  bad  been  in  Dnnoan'a 
hooae,  be  waa  bad  company,  tlioogh  it  was 
not  be  that  was  so  mncb  tbe  bad  company,  aa 
tbe  drink.  Cease  srieaf ttf  patei.  And  tbi^ 
tbe  tratb  aa  be  iball  anawer  to  God. 
(Signed) 
P.  Grant.  Angus  Macdonald^ 

Duncan  CampheU^  cbange-keepqpf  at  Annat 
igcd  thirty-five  yeaia,  mwried,  witneaa  dtcd, 
sworn,  purged  and  examined  ut  tupra^  de- 
pones. That,  in  the  month  of  April  last,  the  de* 
ponent  met  with  Allan  Breck  Stewart,  with 
whom  he  waa  not  before  acquainted,  and  John 
Stewart  in  Aucbnaeoan»  at  tfce  boose  of  the 
walk 'miller  of  Aucbosragan,  and  went  on  with 
tbem  to  thf  house :  that  Allan  Breck  Stewart 
avd,  that  be  bated  all  the  name  of  Campbell ; 
and  the  deponent  aaid,  he  had  no  reaaon  for 
doing  so;   but  Alton  aaid,  be  had  very  gonl 


^  1  do  not  fbid  in  Jamieson  thia 
«  walker'  (fuller)  with  which  professor  LesKt 
aiimsts  that  il  is  synonymous,  {gvnti  foiling* 

t  Piiblichoiiie-keMier.    Qo.  ii'a  atylM^ 

4 


101] 


fir  Murder. 


I  Ibr  Ht  tifeti  llMrMft«r  they  lell  Ifatt 
r  I  mi,  9tm  drnilciiig  «  dram  tt  anothi? 
if  xxmt  In  llie  dcpoDVDl*!  hotiie,  where 
}  wtnt  b.  Hid  drmkioiiie  drtiiis«  anrf  Allao 
ml  iIm  AraMr  MttverttHoD ;  tod 
makiii^  ^«  iA«e  Rpftwer,  Altao 
,  if  th»  depooent  had  aoy  respect  for 
I,  W  woohJ  telt  lliem,  llidt  if  they  of- 
lo  titm  out  the  possessors  of  Ardithiel's 
,  ke  would  roakeolack  cacksof  them  be* 
into  poisessioM  ;  by  which 
HI  ondersfood  shooiiog  thern^  it 
MS  phrase  in  the  country  :  that 
ltd,  he  did  not  blame  G tenure  so 
at  Ballieftolan  for  taking  these  posses - 
wharras  Gleoure  was  dofnc-  the  kiog^ 
a  I  ajul  Allan  Breck  replied,  That  besides 
Iktti  W  liail  antitber  gronnd  of  quarrel  agrjuosl 
Qmoiv,  Ihf  his  writjni^  to  colonel  Crawfurd, 
tltet  \km^  AQm,  was  come  home  from  France  ; 
ImI  libJA  lie  «vi*«  t£»"  riinntn^  for  him  ;  for  that, 
'     »  at  Ed  had  made  op  his  peace 

•  L  and  had  gut  his  pass^ 

1  in  Ins  pocket-book  :  that  the  de- 
I  a  Rtglit  of  it :  itiat  he  searched  his 
isclurl'^lboaic,  hut  coutd  not  tind  it  \  upon  which 
hi  lore  »  l«Lf  oiit  of  the  book,  and  said,  there  it 
wia,  Anddepmes^  That  he  said  twenty  times 
«fcr  fee  woahft  lie  fit -tides  h  ith  G  tenure,  where- 
9i*fm  hm.  met  liioi ;  and  wanted  nothiog^  more 
Ibw  to  oiaet  httti  at  a  coureutent  place.  De- 
lli«l«  at  this*  ttinpp  Allan  Breck  was  not 
,  fo  b«  oAold  walk  and  talk  as  well  as  any 
but  a  eouid  easily  \\e  observed,  he  had 
ilriakifi^.  Ctitaa  tcientiit  patet.  And 
iJi  IIm  Ituth^  as  he  shall  answer  to  God« 
(  Signed) 
,GtUMT,  Dlncan  Campbell, 


ten,  temtrix  to  Duncan  Camp- 
•tceeper  at  AnAat,  unmarried,  aged 
witnes)»  cited^  8%vorn^  putged  and 
liv     tht>    «jworn  iiiterpreier  above- 
6fjv  4,  some    Urae  after  the 

t7lb  dbj  Of  ^  i  ^  before  the  Brst  of  May, 

iktmm  Allan  Breck  Stewart  in  company  with 
i^km  Brrck  Stewart  in  Auchnacoan,  and 
Rsfcut  St«w»Tt,  In  the  niiU  of  Duror,  in  her 
«i0i8r'«  I»mf9**;  and  that  she  heard  Allan 
Briefc    I  '    ,    tiiit    he    would  not  shun 

GWn«r»  I  be  met  him  ^  by  which  she 

UdmiocKi  iu*t  lie  was  lo  do  hurt  or  harm  to 
Qfaiir*  w  lirrev^  h«  iaw  him.     Cuu$a  tcientiit 
ftitt,     Aoii  thia  ia  ibe  truth,  aa  she  shall  ati* 
ivcr  in  God  ;  and  declares  she  cannot  write. 
(Signed) 
F.  GftAVT  Akcu.  Cam; dell. 

rt  Sicft.art,    «fon    to  Robert   SlewaH, 
'  in  Cait,  Ag-ed  about  twenty,  unmarried^ 
eked,  %wnv^   :    r^'d  aud  exaniineil,  u( 
^f«,    ijr    tba    ^  lerpreter,    de^mnea, 

fbl,Mm«1lifi«4i^  Ai^^^l  :^t,  the  depoiietit  wan 
m  emmfmmf  wilk  Allaa  Breck  S^tewart,  John 
^  in  A«alwaeota»    llnacto  CaaipbelK 

r  m  Aonat,  ui  the  s«id  liuMcan 
'lio«»e:    ifnA   AUbu    Breck  coni- 
flibid  if  Coii0  Hoji  au£i&isi|(  Ok nurci  and 


A.  D.  list.  llOt 

Mr.  Camphen  of  Baltievedan  i  and  said  parti* 
cutarly  or  UleDure,  that  he  bad  sent  uoltce  H^ 
Fort-iVilliam,  that  he  was  in  the  oountry,  that 
he  might  be  apprehended  :  hat  said,  he  Mras  noi 
in  his  reverence,  ns  he  had  the  king  of  Prance'i  ( 
com  million  In  his  pocket ;  and  said,  he  woolj  | 
be  ereu  with  him  ;  and  that  be  would  take  hii 
opportunity    to    dispatch    or    murder  either  ! 
Glenure   or    BallieTeoIan,  beibre  he  le^  th4] 
country.     Depones,    that  Allan    Breck    wai  , 
much  in  drink  at  the  time  of  uttering  the  abov^  | 
expressions;  and  was  then  dressed  in  his  lontf 
blue  coat.     Cuusa  ncientia  patet.    And  this  it 
the  truth,  as  he  shall  answer  to  God  ;  and  de*  \ 
dares  he  cannot  write*  (Signed) 

P.  Gaamr.  Arcb.  Campbell.  \ 

Malcolm  Bane  Matc&lly  change- keeper  all 
Portnacrosh,  aged  fifty  years,  married,  witoes*  j 
cited,  sworn,  purged  and  examined  by  the  in** 
terpreter  ut  supra ^  depones.  That,  some  tiiii#1 
in  April  last,  Allan  Breck  Stewart  and  Johaj 
Stewart  in  Auchnacoan  came  to  the  denooent^t  , 
house    after  nigiitfall,  and  sat  up    all    iiight 
drinking  :    that,  next  morning,  John  Maccolj^ 
then  servant  to  the  deponent,  now  in  Shunis  J 
catne  into  the  company,  in  a  shabby  cx>ndi«  I 
lion  :  that  Allan  Breck    asked  who  he  was  ?  ' 
That  the  said  John  Stewart  answered,  That  h#  J 
was  an    honest  poor  man,    with  a  numerous 
family  of  smalt  children ;  and  that  it  would  b# 
gre&t  chanty  in  any  body  to  assist  him:  upoii 
which    Allan    Breck   desired    the   said  Johl|j 
Stewart  to  give  the  said  John  Maecoll  a  sloni 
of  meal,  and  he  would  pay  for  it  ^  which  tk«  j 
said   John  Stewart  promised  to  do:  ihat  thnt] 
said  Allan  then  ^re  the  said  John  Mi^coll  m 
dram,  and  told  him,  if  be  would  fetch  him  th«  [ 
red   fox^s  skin,  he  would  |{ive  him  what  wai 
much  better ;  to  which  the  said  John  Maccotl  j 
answered,  that  he  was  do  sportsman  ;  and  that  f 
he   was   much  better  skilled  in  ploughing  ot  i 
delving.      Depones,   that  the  deponent  gars  j 
no  great  notice  to  these  expressions  at  the  time  | 
but,  afitr  he  heard  of  G tenure's  murder,  be- 
lieved he  oieant  Glenure,  as  be  wm  cornmooly 
called  Colin  Roy,  which  meant  Red  Colin,  in 
the  country.     Causa  icicntia  patet.    And  thit 
is  the  truth,  as  he  ah  all  answer  to  Ood  ;  an^j 
declares  he  cannot  write.         (Signed) 

P.  Grant.  Abch.  Campjullu 

ifffHe   Mac€oilf   spouse  to  Bfaleolui   Bans  | 
Maccoil,  the  preceding   witness,  aged  ahoat'i 
forty,  witness  cited,  sworn,  purged  and  exa* 
mined  ui  ntpra^  by  the  mierpreter,  depo«ie8»  ' 
conform  totlie  said'Maicokn  Bane  Maccoil,  iht' 
(ireceding  wiine^*  tn  omtubut^  except  that  tht 
said  AMan  Breck  and  John  Stewart  iu  Auchna* 
coan  went  to  bed  for  a  short  rime  ;  but,  whe*  1 
Iher  they  slepi,  or  not,  the  de|]onent  know^i 
not.     Cauia  KientU  ptitet.     And  this  is  th#J 
truth,  as  she  shall  aruw^r  to  God;  and  do*^ 
dares  she  caniiol  writs.  (Skgncd) 

P.  GuAvn .  Arcu.  Campdell, 

Jithn    Stewart  elder  of  Fasnaclotch,  aged 
,«iil^-ait  yeirt,  latifiW,  iwoni|  puigsd  tA4 


103]  25  GEORGE  II. 

eKlunined  ut  $upra,  depones,  That,  upon  the  ^ 
Bloiiday  before  the  murder  of  Oleoure  was 
committed,  Allan  Breck  Stewart  was  then  at 
the  deponent's  bouse,  having  been  three  nights 
there,  accompanied  b^  Charles  Stewart,  sou  to 
the  pannel :  that  he  told  Allan  Breck,  that 
Glenure  was  come  from  Edinburfjrh  with  a 
warrant  to  remove  the  tenants  ;  to  which  Allan 
Breck  said,  that,  if  there  was  a  warrant,  there 
was  DO  more  to  be  said ;  but  that,  if  he  had  no 
warrant,  he  would  not  be  allowed  to  remove 
them:  that  the  deponent  told  Allan  Breck, 
that  a  plea  with  Glenure,  coocerninji;  the  re* 
moving  of  these  tenants,  would  be  costly  for 
James  Stewart  in  Aucharn  to  support:  that 
the  reason  he  named  James  Stewart,  waa,  that 
he  was  the  |)er8on  who  acted  in  behalf  of  the 
tenants:  that  the  distance  between  the  depo- 
nent's house  and  the  late  Glenqre's  is  about  a 
mile:  that  he  beard,  on  Sunday  the  10th  of 
May,  that  Glenure  was  going  to '^ort- William  ; 
aud  Allan  Breck  left  his  house  about  nine 
o'ck>ck  Monday  morning.  Causa  iekntia  patet. 
And  this  is  traih,  as  he  shall  answer  to  God. 
Aroyli..        (Signed)  Jo.  Stewart. 

Jamet  Stewart  younger  of  Fasnacloich,  aged 
S9  years,  unmarried,  sworn,  purged  and  ex- 
ammed  vt  supra,  depones,  That  Allan  Breck 
Stewart  came  to  Fasnacloich  about  the  Bth  of 
May,  and  stayed  three  days:  that  he  went 
away  on  Monday  the  nth,  about  nine  in  the 
morning :  that  be  was  going  to  leave  the  coun* 
try  soon,  but  would  see  them  again  at  Fasna- 
cloich before  he  went  away :  that  he  was  tben 
dressed  in  a  loug'blue  coat,  red  waistcoat,  black 
treeches,  and  a  feathered  hat:  that  he  saw 
Allan  Breck  the  next  day,  being  Tuesday  the 
ISth,  at  Ballachelish :  that  he  was  then  dressed 
in  a  bhu;k  short  coat  with  round  white  buttons, 
and  a  dark  great  coat  over  it,  with  trowsers  on, 
and  a  blue  bonnet :  that  the  deponent  took  no- 
tice to  Allan  Breck  that  he  had  changed  his 
dress ;  who  answered,  that  he  did  it  because  the 
day  was  warm :  that  the  deponent  was  informed 
at  Ballachelish,  in  company  with  Allan  Breck, 
that  Glenure  was  gone  to  Fort- William :  that 
when  he  parted  with  Allan  Breck  at  Glenco's 
bouse,  Allan  Breck  told  the  deponent  that  he 
was  going  to  Calhirt,  and  would  return  the 
next  day,  and  did  not  see  him  since :  that  on 
Sunday  the  lOlh  of  May,  he  heard,  being  in 
company  with  Allan  Breck,  that  Glenure  bad 
got  an  order  from  Edinburgh  to  remove  the 
tenants,  and  was  gone  to  FVirt-William ;  and 
that  this  was  at  Fasnacloich.  Causa  seientUt 
patet.  And  this  is  the  truth,  as  he  shall  an- 
swer to  God.  (Signed) 

Aagyll.  Jambs  Stewart. 

John  Stewart  younger  of  Ballachelish,  aged 
96  years,  unmarried,  sworn,  purged  and  exa- 
mined ut  supra,  depones,  That,  upon  Tuesday 
the  I2ih  of  May  last,  he  saw  Allan  Breck  Ste- 
wart at  his  faiher's  house  of  Baltachelifth,  and 
heard  bim  avk  questions  about  Glenure's  tra- 
velling to.  Lochalter :  that,  on  Thursday  the 
14Ui,lal0at  nighti  Donald  MuiDtyn,  •  mw 


Tfialo/JameM  Sttwarf^ 


tiu 


▼ant  of  the  pannel'a,  told  thpe  dtpoBcat  of  tbo 
murder ;  and  that  he  was  going  with  a  »€•» 
sage  to  Appin  from  Janaes  Stewart  his  master^ 
to  give  him  an  account  of  the  morder:  that  he 
arrived  at  App'm's  hooso  before  the  said  aervaat 
came  there :  that  he  returned  to  Appin'a  boiaiQ^ 
instead  of  going  to  the  panneFs  house,  when  hm 
had  intended  to  be :  that  he  (eld  Appin  of  the 
murder,  at  which  he  expresseil  great  ourpriat 
and  concern.  Depones,  that,  in  the  time  ef 
the  spring  circuit  in  thin  place  in  May  last,  he 
waa  summoned  to  be  of  the  jury  ;  but,  at  the 
earnest  request  of  the  pannel,  that  he,  the  di^ 
pon'ent,  should  be  present  with  a  notary  at  the 
removing  of  the  tenants  from  the  estate  of  Ard«  - 
shiel,  he  was  a-going  on  that  errand  to  the 
pannel's  house ;  but  returned  to  Appin,  npoe 
hearing  of  the  murder  committed  that  day. 
Causa  scienti4c  patet.  And  this  is  truth,  as  be 
shall  answer  to  Gud. 

(Signed) 
Argyll.  John  Stewart, 

Katharine  MaccoU,  servant  to  the  pannel» 
Qged  16  years  and  upwards,  who  bein^  so*  , 
lemnly  sworn,  by  the  forenamed  sworn  inter- 
preter, purged  of  malice  and  partial  counsel, 
and  examined  and  interrogate,  depones,  That 
she  saw  Allan  Breck  Stewart  at  the  pannel's 
house,  upon  Monday  the  1 1th  day  of  May  Uat» 
in  the  afternoon,  dressed  in  a  blue  side  coat, 
red  waistcoat,  and  black  breeches ;  and  does 
not  remember  to  have  seen  him  in  any  other 
dress  that  day.  Depones,  that  the  pannd 
went,  in  the  atlernoon  of  that  day,  to  Keels,  to 
meet  Mr.  Campbell  of  Airds,  and  that  it  waa 
late  at  night  before  he  came  home ;  but  that 
the  family  had  not  supped  when  the  pannel 
came  home;  and  that  tne  pannel  supi>ed  in 
company  with  Allan  Breck  Stewart,  Fasoa* 
cloich's  daughter,  and  Archibald  Cameron, 
nephew  to  Fasnacloich,  and  the  pannel's  fa- 
mily. De|K>nes,  that  she  saw  the  said  Alhm 
Breck  Stewart,  on  the  morning  of  Tuesday 
the  12th  of  May  last,  dressed  m  a  donnish- 
colouied  great  coat,  in  the  pannel's  house  ; 
and  that  she  saw  him  go  out  at  the  door 
dressed  in  the  said  dunnisli- coloured  ^reat 
coat.  Depones,  that,  upon  the  evening  of  Fri- 
day the  15th  of  May  last,  as  the  deponent 
came  in  at  the  door,  Margaret  Stewart,  spouse 
to  the  pannel,  being  then  in  the  cellar,  called 

Xn  the  deponent,  who  then  saw  the  said 
rgaret  Stewart  put  a- side  blue  coat,  a  red 
waistcoat,  with  something  else  that  the  depo- 
nent did  not  observe,  into  a  sack,  and  delivered 
them  to  the  deponent,  desiring  her  to  hide  them 
some  way  without.  Depones,  that  the  said 
Margaret  Stewart  did  not  tell  the  deponeet 
to  whom  the  clothes  belonged ;  but  that  the 
deponent  thought  the  said  ooat  and  waistcoat 
were  Alhin  Breck's.  Depones,  that  she  west 
awav  with  the  said  sack,  containing  the  nid 
dothea ;  and,  aa  riie  waa  going  up  the  brae,  ie 
order  to  hide  them,  was  overuken  by  DugaM 
aed  John  Beg  Maecolls,  servants  to  the  uawMl, 
wkohedaonegnBiaiid  awordi}  and  tkenifl 


J^  Murder^ 

\  Mioerfl  mkmi  4m  4«|NMieiit,  whut  ilie 
M^fsi  liilm  ttdi  f  The  ile|ionent  oti«iv7efe<l, 
}kmm  ABtti  Bff<eck'«  ctolbcm ;  and  ahm  «he  wai 
i^  tbrnn ;  ami  ibat  uccordingly  the 
cooUiniiiif  Ibe  iihave  cl»tli^,  wai 
lid  in  llt«  nottr  nbove  the  pan n el's  house,  hy 
Ite  Mi4  IHmM  Maccoll,  in  (iresence  of  ihe 
L  Dipppti,  thai  upon  8al unlay  the 
rifijr  kai,  Jn  Uie  evening,  |U«  saitflVlrs, 
K  to  the  pannd,  ile&ireU  the  tie- 
_  lo  carry  back  whkt  she  had  hid,  and 
>  it  at  Um  hack  of  ttie  hrewhoiti$e  ;  which 
•eoanlingiy  did ;  and  has  not  !«een 
Depones,  th^Ll  Alexunder  fiiine 
by  Ihe  dcpouent  about  the 
\  dlftiitefliOir'  l>e)>ones«  tliat  sotiie  time 
BOMT  httt^  after  the  above  pt^riod^  Solomoo 
BaaeMaoDsti,  aerrant  to  the  pannel,  told  iht? 
4tfiBmtnX^  llMit  ihe  said  51ri.  Stewart,  spouse 
la  tbe  |MiiiiH,  d^^stred  her  to  conceal  what  she 
Itibew  albcinl  the  al>oye  clothes,  in  case  she 
•Im»«I4  W  aabad  ur  examined  about  them.  And, 
]  ifil<rfQ|ale  for  the  paonel,  depones,  that 
Bntk  ntawftrt  diil  tiot  lie  in  the  pannefs 
*  ^poo  Holiday  nifjfhl,  the  lltl)  day  of 
Ma/  lart,  b«l  Uy  in  the  bam.*  aa  the  depuoent 
ttoiDi.  Cmg^  iCienU4e  pMUt ,  And  this  m  the 
m^^jfh  M  ^^  *hall  answer  to  God  ;  aud  de- 
^^^Bia  dbe  eaotiol  it  rite. 

■  hmtWL  CAvcpaCLL.    J  a.  Ferguson. 

I    -*" 


A.  D.  1752. 


[loa 


h 


drtkSimU  Otmertm^  son  to  Allan  Dow  Ca- 
tune   chaiJiie -beeper  in   Mary- 
bn'  «r9,  unmarried,  sworn,  purged 

••«  rupra^    hy  Mr.   Archi)mld 

Caoipbeti,   ft  titute   of    Ar|>:y II -shire, 

Ityaei^  hmu-^  -  ate  for  the  paouel,  That, 

afiaa  MaBilay  the  lUh  day  of  May  last,  the 
from  Faanacloich**  house  to  the 
*i  liO(i9»e  after  mid  day  :  that,  some  little 
he  came  tliere,  he  saw  Allan  Breck 
nrv:  that  the  pannel  tvag  not  at  home 
afcta  Iba  dafionenl  came  ^r^t  ttiere^  but  eatne 
bama  bdbrr  "7'*^:~'l:  that  the  deponent, 
Altai.  id  the  family,  gut  in  one 

md  miyjr^i  : -^^ihpr  :  that  he  did  not 
ifcaiiic  AlUa  Breck  and  the  pannel  speak  in 
pivrakr  tbai  mgbt :  that  the  deponent  and  Allun 
tbvwart,  the  iiiuiDeP-t  son,  lay  in  one  bed,  Allan 
and  Charle*  Ntewart,  ton  to  the  pannel, 
bed,  in  the  iame  barn  :  that,  to  the 
iVQieiDbfsnce,  tliey  all  went  to  beil 
'  time,  and  ^ot  up  to^jfether  next 
thai  th«  d4»}»oneiil  did  not  uh'serve 
fttfeac*' '  '^use  next  morning  when 

•**T»iw  i^  "f       r,:i,oii  nmoogthe 

'  ki  I  Scotland,     In 

tii:  C4>  «■  M  u  V «  "t^^  > ^  ^  >  <  ^<i  p^  of  V tsitors 
laawouM  derange  tiie  cecooomy 
if  a  viofa  fiaiialNMl  fy^rif^^  Wbeu  they  goto 
hai,  titaj  ate  oet  nadad  for  want  of 

M    aa  abr#t  ilafibals  spread   on 

ia  a  bant,  tbrm  aitpplemeutary  htdn  for 
af  1km  fiieali  M  (bo  tiou«e  cauaot  coa^ 


he  got  itp.     Cauia  tcienhm  paiet.     Ami  tb 

18  truth  as  he  iihail  answer  to  God, 
Aiicit,  CASipBttx.  (Signed) 

Argyll,  AttcutsALB  Camer 

John  Breck  Maccoifthich^  chanjcr^^keepfr 
Kintal  line,  ag-^d  about  40,  married,  witrN 
cited,  sworn  and  puri^ed  by  thr  tbrename 
aworn  inierpretpr,  ut  tuprn^  iU>iHmvn,  "f'hnt,  in 
the  bei^innin^  of  Kumuicr  la^t,  Ik-Iok?  WhiiMun 
day,  Duncan  Campbell,  sheriff-iiuhsiituie  ot 
K[|lin,  toid  the  deponent,  (hat  if  hf  could,  witlil 
truth  and  honettty,  makt:  any  discovery,  texid^l 
ing  to  discover  the?  murderers  of  Glennre,  itivaf] 
probable  he  would  mil  be  turned  out  of  his  poa» 
session.  Depones,  that,  upcm  ihe  14lh  day  ofl 
May  last,  John  Be^'  Maccoll,  servant  lo  tlisl 
panuel,  came  to  the  depouent^s  house  aloutJ 
seven  o'clock  in  the  morning,  aud  told,  that  th^| 
pannel  had  desired  the  deponent  aud  John  31or^| 
Maccoll,  another  stivaut  of  the  panuelu,  t^J 
ferry  the  said  John  Bp{^  Maccoll  from  his  bousftJ 
to  Lochaber,  that  lieing-  the  Bhoi  test  road  froui^ 
Aucharo  to  Fort -William  ;  that  the  deponent 
At  the  first  declined  it;  but  upon  John  Be^'fl 
telHng^.  that  it  was  the  panncrs  desire  that  n#] 
should  be  ferry  ed  thci-e,  they  carried  him  over  J 
according-ly.  Depones,  thai^  in  the  aiteruufinl 
id  the  s^iut;  day,  before  sun  set,  the  said  Johtif 
Ueg'  MnccoU  came  back  to  the  depwneut'i^ 
hou»e,  and  called  lorhiilla  mutchkiu*  of  aqua 
vita:,  but  did  not  sit  down :  thnt  durin^f  the! 
drinkini^  of  the  dram,  the  deponent  askrd  the] 
sQid  John  Beg-  Maccoll  if  he  had  l»cen  at  Kurt*  } 
William  ?  and  if  he  had  got  Charks  Slewar|,.j 
notary  ?  (which  be  told  in  the  morniii^^  ^aprj 
bis  errand  to  Fort-William)  John  Beg  Maceolll 
answered,  that  he  had  been  at  Marybur^h,  bt||.| 
Charles  Stewart  was  not  at  home.  Bepone^J 
that,  upon  Tuesday  the  12ih  of  May  lixst,] 
Glenure  sent  notice  i»  the  depoue4it,  that  h^j 
and  some  other  company  whs  to  bt*  at  his  hoii<$oJ 
upou  Thursday  then  next,  and  dessitttl  that  hei 
might  be  prepared  for  entertaining  them  ;  noil  | 
that  he  accordingly  mtidc  provision  for  them.  | 
Depones,  that  he  (old  thai  Glrnnre  wa-s  lo  l»#  ] 
at  his  house  that  nii^ht ;  and  ihut  ihe  uhal^J 
neighbourhood  knew  of  it ;  and,  upon  the  pKn-'l 
rrel's  rii  term  oratory,  depones,  that  <t  lei  in  re  T 
frequently  went  to  Lochaljer  by  Mamuckie, 
beinj^  a  shorter  road  to  the  ferry  of  Ballachelish 
than  ihestratfi  of  Appin  ;  and  he  once  coming  ' 
from  Lochtiher,  lai>ded  at  Kintalline  ;  and  th«^  j 
n  person  paj^sinf^  from  Gleoerearan  to  ttie  fcrrjf  i 
of  BaltnrheliKh  hy  Mamuckie,  does  not  ^  j 
throojyh  the  wood  of  Lcttermore,  nor  by  Khf  { 
tallioe.  Depones,  that  he  was  warned  to  re*  j 
mote  from  his  possession,  being^  a  part  of  Ard«  J 
shiel  estate^  rI  Whitsunday  last,  nod  f^mploye^l 
no  person  to  keep  fiim  in  possession.  Depone^ J 
that,  some  time  after  he  had  got  his  citation  ofl 
warninijt  the  paunel  passed  hy  his  house  ii<  j 
liorHeback,  and  ankcd  it  he  had  his  copy  of  citai 
tioa  in  the  removing  ?  The  deponent  answered 

.    -■  ■ — c J 

^  VA  metture  cqtiil  to  la  Eoglisb  pint,^j 
iamieioo. 


lorj 


26  GEORGE  11. 


Trial  qf  James  Steveartf 


[108 


be  had  ;  the  paonel  called  for  a  sigbt  of  it ; 
and,  upoQ  the  deponeDt^s  pruducing  it,  the 
pannel  said  he  would  keep  it.  And  Ming  in- 
terrogate if  Uie  pannel  informed  him  that  he 
was  going  to  Bdinburgh,  and  was  to  produce 
liis  copy  of  citation  there  ?  depones,  Not ;  but 
only  that  he  was  going  southward.  Caum 
Mcientia  patei.  And  this  is  the  truth,  as  he 
ahall  answ^  to  God ;  and  declares  he  cannot 
write.  (Signed) 

P.  Grant.  Archibald  Campbell. 

Alexander  Stewart  of  Ballachelish  elder, 
aged  G8  years,  widower,  sworn,  purged  and 
examined  ut  tupra,  depones,  That  Alhin  Breck 
Htewart  called  at  the  deponent's  house  upon 
thi?  12th  of  May  last,  and  that  James  Stewart 
younger  of  Fasnacloich  was  then  at  the  depo- 
i\ent*s  house :  that  upon  the  13th,  about  seven 
or  eight  in  the  afVemoon,  he  came  ag^in  to  the 
deponent's  house,  and  lodged  with  him  all 
night,  Rtayed  the  next  day,  l^ing  Thursday  the 
14th,  till  eleven  or  twelve,  when  he  went  out 
with  a  fishing  rod  in  his  hand,  and  was  fishing 
ID  the  burn  near  the  deponent's  hou8e,but  he  did 
not  see  him  take  any :  that  be  did  not  take 
leave  of  the  deponent ;  and  did  not  return  ;  and 
lie  knows  nothmg  of  him  since:  thai  the  said 
Attan  Breck  Stewart  was  dressed  in  a  great 
coat,  and  under  it  a  short  black  coat  with  white 
iMitlons:  that,  when  the  said  Allan  Breck 
tStewart  was  fishing,  he  saw  a  great  coat  king 
upon  the  bank,  which  he  took  to  be  Alhin 
Breck  Stewart's:  tttl,that  evening  on  the 
14ih,  he  was  in  comoany  with  Glenare,  and 
left  him  very  near  the  wood  of  Lettermore : 
that  the  morning  after  the  murder  was  com- 
mitted, the  depooaot  really  thought,  that  AMan 
Breck  Stewart  might  be  tie  actor  in  this  mnr- 
te,  because  he  did  not  retom  to  this  deponent 
again.f  Causa  identic  patet.  And. this  is 
tmtb,  as  he  shall  answer  to  God. 
AsoTLL.  (Signed) 

Alex.  Stewabt. 

Donald  Rankine^  herd  lo  BaUacbeJi&h,  un- 
married, aged  about  eighteen,  witness  cited, 
•worn,  purged  and  ejUMoined  ut  iuprot  by  the 

4-  '<  This  expression  appears  to  me  equivocal 
and  suspicMNis.  It  most  here  be  observed,  that 
tha  common  method  of  taking  down  written 
•vidence  in  this  country,  is  not  to  express  the 
adoal  words  of  the  witness,  but  for  the  judge, 
«ir  eommiisioDer,  to  clothe  the  witness's  ideas  in 
the  roost  saitable  language  that  occurs  to  him. 
Thus  the  witness's  ^ea,  when  committed  to 
paper  by  the  Judge,  is  sometimes  very  different 
from  that  which  he  delivered. — The  judge  who 
dicuted  to  tiie  clerk  of  court  Mr.  Stewart  of 
Ballachdish'a  evidenoe  was  tlie  duke  of  Argyle 
himself.  I  apprehend  the  deponent  oieaned 
only,  that  he  really  thought  Allan  Breck 
might  be  guilty  of  this  muraer;  yet  his  evi- 
dence is  so  worded  as  to  imply,  that  the  actual 
perpetrator  was  not  without  oonspira(ori|  who 
were  jouied  with  him  ill    ooBlrifipg  this 


said  Archibald  Campbell,  sworn  interpreter, 
depones,  that  on  the  14tli  day  of  May  last,  ha 
saw  Alhin  Breck  Stewart  at  the  bouse  of  Balla- 
chelish, his  master :  and  that  the  said  Allan 
Breck  was  dressed  in  a  great  duo  coat,  under 
which  he  had  on  a  black  short  ooat,  with  sUver 
or  white  buttons  on  it :  that  before  mid-day  be 
went  up  with  a  fishing- roil  to  the  water-side, 
where  ne  saw  him  fiuiing  up  the  water :  that 
he  has  not  seen  him  since.  Causa  sciemti^ 
patet.  And  this  is  truth,  as  he  shall  answer  to 
God ;  and  declares  he  cannot  write. 
(Signed) 
P.  Grant.  Arch  .  Gaupbclu 

Archibald  Macinnett  ferryman  at  Ballache- 
lish, witness  cited,  aged  65  years,  married, 
sworn,  purged  and  examined  ut  supra^  de« 
pones,  That  he  met  Allan  Breck  Stewart  near 
the  ferry  of  Ballachelish,  u^ion  the  evening  of 
Wednesday  tlie  IStli  of  May  last,  as  tha  said 
Allan  returned  from  Glenoo.  Depones,  thaL 
after  mid-day,  upon  Thursday  the  14th  day  of 
May  last,  as  the  deponent  was  sitting  near  the 
ferry  of  Balkushelisb,  with  the  son  of  John 
Campbell  in  Stronmellachan  in  Glenorchie, 
Allan  Breck  came  behind  them,  and  boasted* 
and,  upon  the  deponent's  looking  about,  de* 
sired  hnn  to  come  to  him ;  whicn  the  depo- 
nent did ;  and  the  said  Allan  enouired  of  him, 
if  Glenure  had  crossed  the  ferrv  from  Locbaber 
to  Appin  ?  The  deponent  told  him,  he  was 
sure  ne  did  not :  that  upon  this,  Allan  Breck 
went  awsy  towards  the  high  road ;  had  on  a 
dun-coloured  big  coat,  and  had  no  fishing- 
rod  ;  and  the  deponent  has  not  seen  him  since. 
I>epones,  that  he  is  ferry er  upon  the  Appin  ' 
side,  where  this  conversation  happened.  Causa 
scientia  patet.  And  this  is  the  truth,  as  be 
shall  answer  to  God ;  and  declares  he  cannot 
write.  Andfurtlier  depones,  that  he  heard  no* 
body  suspected  for  the  murder  of  Glenure,  bnt 
the  said  Allan  Breck.  Depones,  that  Glenure 
was  expected  Imck  upon  the  Wednesday ;  and 
the  deponent  was  sure  he  must  be  back  the 
Thursday,  as  it  was  currently  reported  in  the 
country,  he  was  to  have  a  meeting  with  soma 
goitlemen  at  Kintalliue,  Thursday  night.  And 
tnis  is  also  truth,  as  he  &hall  answer  to  God. 
(Signed) 
P.  Grant.  Arch.  Campbell. 

Donald  Stewart  in  Ballachelish,  aged  about 
30,  married,  solemnly  sworn  by  ArchibakI 
Campbell,  writer  in  Inverary,  sworn  interpreter, 
who,  being  purged  of  malice  and  partial  coun- 
sel, examined  and  interrogate,  depones.  That 
upon  the  15th  day  of  May  last,  he  met  tho 
pannel  in  Duror,  upon  the  marches  of  Auchin- 
darroch,  opposite  to  the  panners  house.  Upon 
the  deponent's  regretting  tliat  such  an  accident 
as  Glenure's  murder  should  happen  in  thn 
country,  the  pannel  joined  with  him,  and  said, 
that  he  was  informod  that  one  Serjeant  Mors, 
alias  John  Cameron,  had  been  threaicninf 

*  <Cougbc4'i€C  jamicmD'sDiol.TOcTt 
ho8t|tohmiu 


/or  Murder. 

f  tn  Frmnce,  but  tlril  not  inform 

y  lolil  liitii  90 .    l>«  [mn  es,  Ih  ut » 

I  More  litis  not  been 

ru  uli  of  May 

bt- 1    !  ,  i\   :i      i      J  .icinishtUen 

li,  DOW  to  Larichi  came  to  the 

I  Intin  th«t  <Hie  without  wanted 

thai  this  message  en  me  to 

)'ii  ijwn  bouse  :    ihatf  when 

•  fitd  Katharine  Macinish  fn- 

III  WS4  Allan  Breck  that  wanted 

be    Wiui   a    little    oUoire  the 

I  Lrae  :  that  the  deponent  went  up 

1  tsiet  Ailati  Breck,  who  was  then 

great  ^at,  and  a  dark  short  coat 

ikile  metal  buttons  ;   the  iIe[»o- 

^  Une  niiirdtr,  and  s^aid  it  could 

V,  AlUu  Ureck,  was  ahoui  it ; 

Sreck  answered,  that  he  heard 

,  had  no  hand  in  it ;  to  which 

ilied»  lie  did  not  believe  hitn* 

aaid  Allan  Breck  Htewart 

f  fee  was  going  immediately  to 

,  was  rery  scarce  of  money, 

:  then  for  KoahNuacoan ;  and  de- 

nl  to  acquaint  the  pannci,  that 

to  Koalivnacoiin ;    nod  desired 

il«,  to  Kt  nd  him  money  there ;  and 

ftttbeti  promtaed  to  acquaint  James 

like  above  metaage.     Deponcfi,  that 

"      *>  mid,  he  believed  he  would 

[  IImi  tntinlerf  and  upon  that  ac- 

r  fr«a  a  deserter  lorrnerly  from 

Plififtft  necessary  for  him  to  leave 

DejKmca,  tliat,  before  he  had 

on  with  Allan  Breck  he  as- 

;  the  eoriiae  of  <;;lcnure  to  the 

that,   fther  the  conversalioii 

I  abinil  aerjeant  More«  he  de- 

mtte  irom  Allan  Breok  to 

tk>l  tne  pannel  did  not  say 

Mod  the  money  or  not : 

happened  about    ten 

of  Friday  the  15th  of 

[.ttet  tli«re  wan  nobody  |>reaept. 

I  Sunday  the  17Ui  of  May 

rBine  Stewart*  packman 

•  of  Larich  in  Glenco, 

that  he  had   been  at 

%  tMniraati  to  Appin  in  Ko- 

mlhtr  three  or  fire  guineas, 

Ipoaitive  which,  that  he  had 

y  to  be  left  with  the  said  John 

Allan  Breck 't  use,  if  he 

lloldtbe  demioeni,  that  be  left 

Hkfliiid  John  Breck  Maccull^ 

aid  Allan  Oreck.  And,  upon 

^  put  lor  th«  panoeL  depones, 

firt  <v  v-'ifertngthe  above 

_  Jlai'  '  the  pHnnel,  the 

llrlr^  ^  k  himself  did  not 

i   it?    To  which 

t*    rei(ir_'rikl>rance| 

^e  Bua- 

iier;  to 

net  Eniwvriid,  ibal  h«  bvpttd  in 


A.n.  1752.  IU9 

God  Allan  Breck  was  not  guilty  of  the  murder. 
Depones,  that,  during  the  above  conversation 
ivith  the  pannel,  Alexander  8tewart,  Duncan 
Maccombich,  and  several  other  poasesaors  of 
Auchindarroch,  were  in  the  adjoining-  field 
ddvin^^  but  at  such  a  distance  that  the  depo- 
nent cannot  think  they  could  hear  the  ib^vt 
conversation.  And,  being  shewn  the  short 
black  coot,  with  clear  white  buttons  ou  the  breast 
and  pockets,  and  the  blue  striped  trowsers,  now 
lying  in  the  clerk^s  hands,  depones,  that  tha 
said  Allan  Breck  wore  such  a  coat  and  trowsera 
upon  Tliursdav  the  14lb  of  May  Jast ;  and 
saw  him  in  it  the  forenoon  of  that  day  at  Balta^ 
chchsb.  And  further  depones,  that  be,  tba 
dfpunent,  ts  manied  to  a  daughter  of  Stewart 
uf  Bailachelish,  and  litays  in  the  house  with 
him  :  that  her  mother  was  daughter  to  Htewart 
of  Annat,  in  Perthshire.  Causa  ictentia  patet. 
And  this  is  the  truth ^  as  he  shall  answer  ta 
God :  and  depones  he  cannot  write. 
(Signed) 
P.  GiuKT.  Aech.  Campbell. 

John  Mticdanald  of  GlencOj  aged  26  years, 
unmarried,  sworn,  purged  and  examined  ut 
iuproy  depones,  That  on  the  12lh  of  May  last» 
Allan  Breck  Stewart  came  to  Carnock,  thv 
house  of  the  deponent :  that  he  stayed  there 
but  a  very  little  time,  viz.  not  above  a  quarter  of 
an  hour  :  that  the  dejioneot  had  no  conversa- 
tion with  bim;  and  the  said  Allan  Breck 
Stewart  went  away ;  That,  on  Friday  the  15lh 
of  May  last,  the  said  Allan  Breclc  Stewart 
canve  again  to  U)e  said  house  at  three  or  four 
o'clock  in  the  morning,  and  knocked  at  th« 
window  of  the  said  house  when  thefamily  wer« 
all  in  bed  ;  that  the  deponent  went  to  the  door 
of  his  house,  and  there  saw  Allan  Breck 
Stewart,  who  gave  him  the  first  notice  he 
had  of  Glenure*s  being  murdered  the  evening 
before  in  tha  wood  of  Lettermore;  and  told 
him  that  be  was  to  leave  the  country ;  and 
ca.me  to  take  leaveof  the  deponent  and  bis  step- 
mother, who  is  a  sister  of  Ardshiers :  that  his 
clothes  were  tlien  n  dun  or  brown  great  jockey- 
coat  :  that  the  deponent  did  not  ask  Allan 
Breck  ^>tewart  any  questions  about  the  said 
murder:  nor  did  be  say  any  thing  upon  tha 
subject  to  Allan  Breck  Hlewart^  as  far  as  tbe 
deponent  can  remember:  Allan  Breck  Stewart 
told  him  be  was  to  go  the  moor-road  leading 
to  Rannoch  :  that,  upon  the  Tuesday  above* 
mentioned,  James  Stewart  of  Fasnacloich  was 
along  with  the  said  Allan  Breck  Stewart ;  and 
that  he  was  dressed  in  a  black  short  coat  with 
white  buttons.  Causa  tcientia  paUt*  And 
this  is  trutli,  as  he  shall  answer  to  God. 

Argyll.        (Signed)    Jqitn  Macdokaui. 

hobcl  Sicwart,  relict  of  Alejrander  Macdo- 
nald  of  Glenco,  aged  42  years,  sworn,  purged 
and  eXBjnined  ut  tupra^  depones,  that  upon 
Tu«tday  ll»e  laih  day  of  May  last,  Allan  Breck 
Stewart,  described  in  the  libel,  came  to  her 
house  at  Caroock,  in  the  afternoon,  accnnpa- 
nied  by  young  Fasnacloich,  dressed  in  a  black 
sborl  «<Hlt  with  white  «ltar  ^ultoni:  tUfttbi 


Ill] 


i;  GEOfiGE  II. 


TrM  ofJamei  Sknaitt 


[Hi 


itayed  aboat  an  boor:  and  then  went  away  to 
the  deponent's  sister'a  house  at  Callart :  that 
Allan  Ereck  Stewart  came  again  to  the  depo- 
nent'tt  house  on  Wednesday  the  13th  of  May 
last,  in  the  afternoon,  and  stayed  about  a  quarter 
of  an  hour ;  and  then  went  to  BaUacbelish  : 
that,  on  Friday  the  15th  of  Mav,  the  said  AHan 
Breck  Stewart  came  again  to  tne  said  bouse,  at 
4  o'clock  in  the  morning,  and  knocked  at  tbe 
window  of  the  house,  and  all  tbe  family  was  in 
hed ;  upon  which  the  deponent  went  ont  with 
her  step-son ;  and  she  asked  him,  what  news 
up  the  country  ?  To  which  he  answered,  A 
good  deal  of  news,  that  Glenure  was  killed  the 
ereniug  before  in  the  wood  of  Lettermore;  that 
lie  was  come  to  take  farewell  of  the  deponent; 
for  he  was  to  leave  the  country :  that  she  asked 
liim  no  more  questions  about  the  murder:  that 
she  asked  him  to  come  into  the  house ;  but  he 
answered  he  would  uot  stay  :  that  to  the  best  of 
her  remembrance,  Allan  Bredi  Stewart  told  her, 
that  Glenure  was  killed  or  shot :  that,  when  he 
knocked  at  the  window,  one  of  the  deponent's 
children  told  her,  that  he  heard  Alhin  Breck 
Stewart's  Toice.  Causa  tcientia  patet.  And 
this  is  the  truth,  as  she  shall  answer  to  God. 
(Signed) 
Argyll.  Isobbl  Stewart. 

Afary  Macdonald^  spOose  to  Donald  Mae- 
innes  in  Leckindum,  aged  about  40,  witneM 
cited,  solemnly  sworn  by  Archibald  Campbell 
of  Knockboy,  sworn  interpreter,  pnmd  of 
malice  and  partial  counsel,  examined  and  inter- 
rogate, depones,  that  a  little  before  son-aetting, 
on  Sunday  the  17th  of  May  last,  she  saw  Allan 
Breck  Stewart  sitting  in  tfale  wood  of  Koolisoa- 
coan,  less  than  a  mile's  distlmce  from  the 
liouses :  that,  upon  her  approach,  he  started  to 
liis  feet :  that  she  gave  and  received  the  com- 
mon salutation  from  him  ;  and  then  she  passed 
away  on  her  own  business :  that  he  waa  dron- 
ed in  a  long  dun  jockey-coat  and  bonnet.  And 
^leponea,  ahe  was  alarmed  at  meeting  a  nmn  in 
ar  place  so  remote.  Cauta  identut  patet. 
And  this  is  the  truth,  as  she  shall  answer  to 
God ;  and  declares  she  cannot  write. 
(Signed) 
P,  Gramt.  Arch.  Campbell. 

Duncan  Stewart^  trarelling  packman  in  Ar- 
larich  in  Rannock,  aged  32  years,  married, 
sworn,  purged  and  examined  ut  tupra^  de- 
pones, that  he  met  with  Allan  Breck  Stewart 
lipon  a  Monday  or  Tuesday,  about  tbe  18th  or 
S20th  of  May  last,  at  a  place  in  Rannoch  called 
Leckinstrensmeir ;  and,  having  asked  Allan 
whence  he  had  come,  and  whither  he  was 
iroingP  he  answered,  he  had  come  from  Balla- 
cheli.sh  or  Callart,  he  does  not  remember 
which  ;  and  that  he  was  going  to  a  shealing, 
where  his  uncle  Allan  Cameron  lived ;  ami,  as 
the  deponent  had  at  that  time  heard  nothing  of 
the  mnrder  of  Olt^ure,  he  said  nothing  to  him 
about  it :  thai,  two  or  three  days  thereafter,  the 
deponent's  sister  lold  him,  there  were  two  gen- 
tmnen  wanttmr  him  out-by :  and  after  he  nad 
g<st  bis  breakmsty  h«  want  out,  and  fint  saw 


Allan  Brack,  and  afterwards  Allao  Bfcdt  and 
Alhm  Cameron  together  at  a  know  $  and  that, 
how  soon  the  deponent  went  up  to  the  two, 
Allan  Cameron  went  back,  and  the  deponent 
proceeded  with  Allan  Breck  down  the  nountiTt 
about  6  miles,  where  be  had  occasion  to  on 
going  about  bis  own  business ;  and  parted  with 
him  at  a  place  called  Inching ;  and,  after  he 
parted  with  the  saki  Allan  Brack,  be  was  ap- 
prehended by  a  gentleman  called  Alexaoder 
Campbell,  who  supposed  the  deponent  to  bo 
Alhm  Breck  Stewart ;  and,  having  asksd  the 
deponent,  if  he  bad  seen  Allan  Breck  ?  he  then 
denied  hb  having  seen  him.  Ileponaay  that 
Allan  Breck  was,  at  this  time,  dressed  in  a  hmg 
blue  coat,  and  blue  bonnet.  Ccmia  9cieniim 
palet.  And  this  is  truth,  as  be  shall  answer  la 
God  ;  and  depones  be  cannot  write. 

(Signed)       Ja.  Ferguson. 

AUan  Oif  Cameron,  in  Arlaiieh  in  Rannock, 
aged  dS,  widower,  sworn,  purged  and  examined 
ut  tupra^  depones,  tliat  on  Monday,  he  thinks 
tbe  18th  of  May  last,  Allan  Breck  Stewart,  the 
deponent's  nephew,  came  to  the  depone^^ 
hoose  in  Rannock,  who  having  told  tlie  depo- 
nent, he  had  oome  from  Apptn  or  Olenoo*  the 
deponent,  who  by  that  time  bad  heard  a  mmonr 
of  Glenun's  mnrder,  said  to  the  saki  Allan, 
that  ha  doubted  not  be  might  .be  suspected  of 
it,  aa  he  was  a  looee  Mle  man  in  the  coontry; 
to  which  the  said  Allan  answered,  that  he  made 
no  doobt  hinMelf  that  he  wooM  be  sonceted  of 
it:  and  the  deponent  having  pressed  him  ear- 
nestly to  make  a  clean  breast,  and  tell  him  all 
he  knew  of  the  metter,  he  declared  with  an 
oath,  he  had  never  seen  Glenura,  dead  or  alive ; 
and  the  said  Allan  having  steyed  with  the  depo- 
nent till  the  Wedncadav  thereafter,  the  depo- 
nent fiwqnently  repeated  his  instances,  to  tell 
him  what  he  knew  of  the  murder ;  at  which 
Allan  Breek  became  angry ;  and  the  deponent 
desisted  further  inquiry :  that  the  said  AHan 
Brack  left  the  deponent's  boose  upon  the  Wed- 
nesday, whom  the  deponent  conveyed  Kttie 
mora  than  two  gun-shote  from  his  own  hoose  ; 
but  Duncan  Stewart,  chapman,  the  | 


witness,  who  had  come  to  the  deponent'a  hen 
that  morning,  went  akmg  with  them ;  and  he 
saw  tliem  toke  a  little  bve  road  through  cerot 
which  might  have  led  tnem  to  the  high  roadi 
bot  what  road  they  afterwards  took,  he  does  not 
know :  and  depones,  that  at  this  time,  Allaa 
Breek  Stewart  waa  dressed  in  a  big  eoet  of 
a  brownish  cohmr,  and  had  under  it  a  long  Uoe 
coat  lined  with  red,  red  waistcoat,  and  a  bonnet ; 
that,  upon  the  S4th  of  May,  as  the  deponent 
thinks,  haviiy  occasion  to  go  to  his  master  sir 
Robert  Menmes,  when  about  14  miles  from  hie 
own  house,  and  at  the  side  of  a  wood,  he  heard 
a  whistle  fi«m  the  wood,  and  loi>king  ahovt, 
■aw  it  to  be  the  said  Allan  Breck;  and  tbe 
conversation  he  then  had  with  him,  was  to  the 
following  purpose:  that  Alhm  Breck  having 
toM  him,  his  only  fear  waa  to  be  apprehended^ 
by  the  military,  which  might  prove  very  *Atal 
tohuDyafhebadbeoindeaerter}  whwh  M 


\ 


Jhr  Murder, 

/,  that  He  wat  very  sure,  Ih^ 
^iks^il  would  procure  him  his 
«'r  I  be  murderer;  to 
('  I  at  they  were  althis 

tUDc  ill  Mici.  t  >B(ce,  he  h'as  very  sure, 

w«f*  be  «p^  ;,  he   wotiUl  he  hanged. 

Co&M  irkrn/^or    imttt,      Aod  thU  is  tnitb^aa 
lie  tkftll  •niwer  to  God.     (Stgucd) 

Ja^  foLGVsos.  A)XAN  Cameron. 

Jstttt  Afiff«»  chdu^^e  keeper  at  Inaerhaildeo, 
^fti  31,    married^    swam,  pur^fed  and   exa- 
'  %t  i^pra,  by  *he  abore  Mr.  Archibald 
of  SiriMcfieh),  $v«oru  iuterpreter,  de- 
TUat  Allan  Breck  Stewart  came  to  the 
r  of  the  dcpont'tirif   bouse  at  InDerhadden, 
Itiwcf  p4rt  of  rCuimocli,  about  tvtiJight,  to- 
rdi  1^  9nti  of  Alay  last,  and  asked  the  de- 

roi^whowas:  theu  sUndJnif  at  his  own  door, 
'ii!(e  f  H^hich  lite  deponent  an- 
ft«  'il  then  Allan  fireck  tohl  him, 

IL  I'd  by  John  Stewart  in  Bohal- 

Iji  rj  lor  some  supply  of  provi- 

motrt  riwl  iMt:  UejMineol  desired  him  to  come 
mtu  kit  bmat^  and  that  he  would  give  htm  part 
of  fsdi  fiif«&a  he  had  ;  but  thut  Allan  fireck  de- 
difttil  to  c^ome  in,  hfing  in  a  hurry,  and  jitood 
Iq  iiirMf  of  aofne  ftnn  t^ion  ;  vi  hcrenpon  the  de- 
po^cot  hmugfit  him  some  bread  and  cheese,  and 
^  |i(p  sTire  lirni  liip  K;*rti«-,  conTcyt'd  him  a? 
I  h  i«l  Athn  Breck  de- 

ih'  <       II ;  and  that  he,  the 

mii  AlUa  lirrck,  inlend<?d  to  go  Farther  down 
tSi*  6«M«l/y  tiial  iii^^ht:  that  the  srid  Allan 
Brrck  WIS  <i reused  in  a  great  dun  coat  and 
ImooH;  antj  short  hose;  wliat  clothes  be  had 
•Mkr  llift  great  coat,  he  did  not  see  ;  that  be 
sv  alM»bt(T  under  his  left  arm  :  that  he  asked 
Imi  wliciice  f  tme;  but  he  did  not  tell 

htm*    t>e|ior  '  Tore  Allan  Breck  came, 

m  t^rv^ftii),  ^  punted  in  that  country, 

\imilm  was  i  iti  Glenure'K  murder ; 

•finite  h#^  !.  Mr*  led  him  at  the  time, 

M^cmti'  in  I  t  I  wa^  wanting  pro- 

(  .r.   ^  ^  itct.     And   this  is 

a«  be  shuil  answer  to  God.     And  Itirther 
Aspoo««    that    he   has  been  acquainted  with 
AtUo  Kn>di(  these  twelve  ^ears.     And  this  ii 
tkti  iroUt.  a»  Up  shall  answer  to  God. 
^  *  '  t..  (Signed) 

Ja?ae&  Mas, 

Jjkm   Cfom-fard,  esq.  lieutenant-colonel  of 

piMTat  r   •  ^       '  r    :       Ti''     -       ,.d thirty 

Jivs,  "  viuumed 

•^A^r  -  ..^    ,>i.u,^  ^  .an   [faper 

Hit  ^i  K'in^  Number  11  of  the 

llttiilirrj,  in   the  clerk'M    hinds: 

Am  «  w'ss  a. :  him,  before  it  was  sent 

•War      ni^i  ^vhcther  the  deponent 

lt>  Kon  with  the  pan- 

%^\  r;  he  answers  he 

^i&  u..  )iny.     And  being 

•iA^4,  <»  <  !oiin  Campbell  of 

ill                    inUl  the   (jrpooent,    that  Allan 

b'                    t  waft  A  deserter,  and  in  this  conn- 
amenl  lutiwert  negatiVG.    Cama 


A.  D-  1752. 


[114 


teientim  palet.    And  this  is  truth,  as  Ue  shaU 
answer  to  God.  (Signed J 

Akc^tll.  JottN  CEAwrciu>. 

Alexander  Stemart  of  Inncrnahyle,  ajjed  44  I 
years,  married,  sworn,  purged  and  examined  ul  j 
supra^  depones,  That  the  pannel  was  a  (preal  | 
cnany  years  aj^^o  tenant  to  his  brother  Ardahiel 
in  tiie  farm  of  Glendnmr,  and  was  removed  | 
also  several  years  ago,  the  deponent  doesnoij 
remember  how  many,  by  his  brother:  that  he  j 
again  became  tenant  in  tlie  same  lands  In  1749,  i 
or  perhaps  1748,  and  was  again  removed  by  th#  j 
deceased   Glenure,  the  factor,  at  Whitsunday  1 
1751,  and  the  lands  set  to  Mr.  Campbell  of  I 
Ballieveolan.     Depones,  that,  as  I  he  pannel  is  | 
the  deponent's  near   neighbour,  the  deponent  ] 
had  fre<]«eDt  opportunities  of  conversing  witli  ] 
him  touching  bis  said  removal:  that  the  pannel  J 
did   not  expect  to   have  been   removed,   ami  ' 
seemed  dissatisfied  that  he  was  ;  and  said,  he  ^ 
believed  Glenure  would  not  have  removed  him,  , 
if  Ballieveolan  had  not  sought  these  lands  from 
hiin.     Depones,  that  the  paonet  further  said^ 
that  the  tenants  generally  allowed  some  gra-  i 
tuity  to  Ardshiel*s   children  ;  and   that  these 
lands  were  the  best  farms  on  the  estate,  and  ! 
mo*>t  of  the  benelits  accresced  from  them  ;  ami 
!hou;^h  be  himself  could  be  provided  of  a  farm  ' 
elsewhere,  yet  the  children  would  be  depriveii  ^ 
of  that  benefit.     Depones,  thai,  about  the  end 
of  April,  or  beginning  of  May  last,  the  depo* 
Dent  thinks  about  the   beginnmg  of  Mavt  he 
casually  met  on  the  highway  with  Allan  Breck  - 
Stewart,  and  quarrelled  with  him  for  not  mak* 
ing  him,  the  deponent, a  visit;  and  Allan  Breck 
Slev^art  promised  lo  see  the  deponent  before  he. 
lef\  the  country  ;  but  the  deponent  has  never 
seen  him  since  that  time.  Depones,  that,  upoa 
the  Saturday  and  Sumlay  alter  Glenure's  mur- 
der, it  was  the  general  opinion  of  the  people  in 
the  country,  that  he  had  been  murdered  bj 
Allan    Breck    Stewart.      Depones,    that    the 
place  where  Glenure  was  said  to  be  murdered, 
and  where  the  deponent  observed  marks  and 
BVmptoiiiS  of  ihe  murder,  is  a  very  bad  road 
through  a  wood,  interspersed  with  rocks  and 
slooes  upoa  a  hanging  brae,  from  which  a  per- 
son may  descry  the  road  on  the  north  side  of 
the  terry  of  Ballachellsh,  and  where  a  person 
may  easily  conceal  himself,  jty  as  not  to  be 
seen  from  the  road.     Depones,    that  the  de- 
ponent is  acquainted  with  the  hand- writing  of 
Allan  Slewart,  son  to  ihe  pannel,  and  has  Ire- 
quently  seen  liim  write.    And  being  ?4hewn  a  let* 
tcr  sijjncd  Allan  Slewnrt,und  addressed  to  Dun- 
can Stewart  of  Glenburkie,  dated  at  Aucharn  the 
1st  of  April  1751,  being  the  writing  Number  7,  in 
the  inventory  of  writings  subjoined  to  tlie  liliel, 
depones,  that  it  is  like  A I  Ion  Stewart*s  hand- 
writing, and  the  deponent  would  take  it  to  be 
his,  but  cannot  be  positive  that  it  is  his.     De- 
pones, that  after  the  atloioder  of  Stewart  of 
Ardshiel,  the  factor  gave  the  j>annel  the  oppor- 
tunity of  having  the  greatest  mfluence  with  the 
tenants  of  jlrd^hii^l  nmre  than  any  other  per- 
son, by  allowing  the  |i«inufl  to  set  the  lands, 

I 


115]  25  GEORGE  II. 

which  heconkinucd  dowa  to  Wliitsunday  17M, 
if  not  at  that  term  also  ;  but  de|ione8,  that  th« 
pannerii  connection  with  the  family  of  AnUhiel 
gaFe  him  also  a  natural  influence  over  the 
tenants,  e?en  liefbre  Glenure's  factory.  De- 
pones, that)  before  that  lime,  the  tenants,  the 
deponent  belicTes,  paid  iheir  rent  to  the  lady  of 
Anlshiel,  and  she  ag^ain  employed  the  pannel 
to  deal  with  them.  And  being  mterrog^te  for 
the  pannel  whether  he,  the  pannel,  remo?ed 
Toluntarily  from  Olenduror  without  any  wam- 
iag  ?  depbnes,  that  he  did  not  hear  of 
any  warning,  but  that  he  removed  Tolunta- 
rily.  Depones,  that  Allan  Breck  Stewart, 
as  the  deponent  has  been  informed,  was  a 
soldier  in  the  kingN  army,  and  was  taken 
prisoner  by  the  rebels  at  the  battle  of  Preston  ; 
and  tliat  he  was  told  so  by  a  man  who  took  him 
from  among  the  prisoners.  And  depones,  that 
'  he  af\erwanla  joined  with  the  rebels,  where  the 
deiMment  saw  him.  Denones,  that,  afler  the 
battle  of  Culloden,  he  left  this  country,  aud.-aa 
lie  told  the  deponent,  went  o?er  to  France,  and 
entered  into  the  French  king's  serf  ice.  De- 
pones, that  the  deponent  had  no  occasion  of 
^ing  Allan  Breclc  Stewart  last  time  he  was 
in  the  country,' but  at  the  time  before  de- 

Kned  upon,  and  one  time  before  that;  and 
th  these  times  he  was  dressed  in  a  blue 
k>ng  coat,  a  red  vest,  and  a  feathered  bat, 
and'  black  breeches.  De|M>nes,  that  he  re- 
Ihembers  that  AUan  Breck  Stewart  came  over 
to  this  country  a  year  or  two  ago,  and  stayed 
9ome  weeks  among  his  friends ;  but  neither  at 
that  time,  nor  the  last  time,  did  he  seem,  so 
far  as  the  deponent  observed,  to  be  in  any 
apprehension  of  being  taken ;  only,  as  he  had 
been  once'  in  the  army,  he  did  not  chuse  to  meet 
with  any  of  the  king's  troops.  Depones,  that, 
at  the  time  the  pnnnel  removed  from  Glendu- 
ror,  he  told  the  deponent,  that  he  had  had  a 
meeting  with  Ballieveulan ;  and  that  there  was 
a  compromise  betwixt  them,  but  does  not  re- 
member the  particulars.  Causa  tcicntia  paUt. 
And  this  is  truth,  as  he  shall  answer  to  God. 

P.  Grant.  Alex.  Stewart. 

Donuld  Campbell  of  Airds,  aged  47  years, 
marrieil,  sworn,  purged  and  examined  ui  tupra^ 
depones,  That  the  pannel  was  employcil  by 
the  deceased  Glcnure  for  some  time  as  his  sul!- 
factor  in  levying  the  rents  of  Ardshiel,  and 
setting  the  lands  ;  and  the  pannel  told  the  de- 
ponent, that  whatever  was  made  of  these  rents 
over  what  was  paid  into  the  exchequer,  was 
accounted  for  to  the  children  of  Ardshiel: 
and  when  he  removed  from  Gleuduror,  he 
told  the  deponent  that  he  had  reason  to  believe; 
that  the  said  excrescence  of  the  rents  of  that 
farm  would  still  be  accounted  for  to  them  ;  and, 
in  that  case,  he  would  be  easy  as  to  his  own  re- 
moval. And  depones,  that  Ardshiel's  chil- 
dren, at  the  time  of  the  rebellion,  were  all 
young;  his  eldest  son  being  now,  as  the  depo- 
nent believes,  about  eighteen.  Depones,  that, 
in  spring  last,  the  deponent  had  a  letter  from 


Trial  fifj4i}ne$  Stewartt 


[116 


colonel  Grawfurd,  telling  him  that  he  heard 
Allan  Breek  Stewart  was  coine  to  thecoootry, 
ami  inlislingmen  for  the  French  king's  service, 
and  desired  the  deponent  to  inquire  if  it  was  ao : 
that  the  de|>onent  did  inquire,  and  wrote  the 
colonel  lor  answer,  that  he  beard  he  had  been 
in  the  country,  but  that  he  was  then  gone 
awav  :  that  this  was  in  the  month  of  April,  to 
tlie  best  of  the  deponent's  remembrance;  and  it 
seems  about, that  time,  Allan  Breck  Stewart  had 
gone  to  Rannoch,  which  gave  occasion  to  the 
dei)onent's  being  informed  that  he  was  gone 
away;  and  did  not  hear  of  his  having  re- 
turned to  the  country  till  after  Glenure't 
murder;  and  thinks  he  wrote  also  to  colond 
Crawfurd,  according  to  the  information  he  had 
got,  that  Allan  Breck  Stewart  was  in  use  of 
coming  every  Tear  to  tlie  country,  since  Ard- 
shiel went  to  France.  Depones,  that,  upon 
the  afternoon  of  Monday  the  11th  of  May  laat, 
the  de|H>nent  sent  to  the  pannel,  desiring  him 
to  come  to  him  to  Keills,  a  farm  belonging  to 
the  deponent,  at  about  a  mile's  distance  mm 
the  pannel's  house:  that  the  panael  accord- 
ingly came  there  to  him  that  afternoon,  m 
soon  as  he  expected  him  :  that  the  deponent's 
business  with  him  was  for  his  assistance  in 
setting  that  farm :  that  the  farm  was  accord- 
ingly set ;  and  the  pannel  himself  took  part  of 
it,  and  conveyed  the  deponent  a  part  of  his 
way  home ;  and  then  they  parted :  that,  be- 
fore parting,  he  desired  the  pannel  to  go  neit 
mornmg  to  Appin's  house:  that  the  pannel 
accordingly  did  so ;  and  the  deponent  had  a 
letter  from  him,  from  that  place.*  Causa 
sclent  ia  pa  let.  And  this  is  truth,  as  he  shall 
answer  to  God.        (Signed) 

V,  GuANT.  Donald  Campbell. 

*  **  It  may  be  proper  to  acquaint  the  reader, 
that  when  Mr.  Miller,  one  of  the  pannel's 
lawyers,  desired  that  the  deponing  witness  (Mr, 
Campbdi  of  Airds)  might  be  interrogated,  as 
to  the  pannel's  moral  character  in  the  country  ; 
and  particularly,  whether  or  nut  he  was  a  God- 
fearing man,  and  generally  employed  in  takiaff 
care  of  the  aflairs  of  widows  and  orphans  r 
the  lord  justice- general  was  pleased  to  oppose 
the  interrogatory,  saying  words  to  this  imrpose. 
Would  you  ])retend.  Sir,  to  prove  the  moral 
character  of  the  pannel,  after  being  guilty  of 
rebellion ;  a  crime  that  coniprehends  almost 
all  other  crimes  ?  Here  you  will  find  treasons, 
nuinlerH,  rapines,  oppressions,  perjuries,  &eo. 
To  which  the  !a%vyer  answere«l.  That  he  ab- 
hurrcfl  rebellion  as  much  as  any  person  what- 
e>cr;  but,  with  great  submission,  he  was  in- 
titled  to  plead  for  the  pannel,  that  it  was 
foreign  to  the  present  case,  since  the  king  hsd 
been  pL-ased  o  grant  an  indemnity,  in  which 
the  pannel  was  comprehended :  and  therefore 
could  legally  interrogate  the  witnesses,  as  to 

I  the  panuePs  moral  character.  This  waa  never 
refused,  added  he.  To  give 'an  instance. — ^Tbe 
famous  Collins  was  a  rebel  to  his  God  and 
Saviour,  as  his  writings  testify :  yet  his  most 
zealous  enemies  never  refused  bis  morel  cli«- 

I 


1 17]  ^^m-        for  Murder. 

C^mrkt  Sifrngri^  writer  iud  naUr  at  Btn- 
]S^  %i*vjv.^    married,  K worn t  purged 
Ituuniocij  I,  tlepooes,  That  Jarncs 

lli«  iJ4!..-.  lotu  n  letter  to  the  depo- 
W^lrn^  him  la  go  with  the  tenants  of 
I  of  Ardshiel,  to  InthaAtL'  to  G tenure 
m  sal  tn  &  bdi  of  »iiS{>t;nsion  :  that  accordiog^ly 
lli«  49pmmi  xvent  to  Aucharu  that  night ;  and 
lliaMzlaMif'-  '^tiaiils came  there;  and 

hm    ^bm    »•  ^    with    the   tenants   to 

GlaiiTii**  liiitu*£,  and  there  intimated  the  siist ; 
]  A  praicti  ^a^  alsa  taken  against  the  said 
K  U>a  thf$  was  on  the  HI  of  May. 
■y  that  the  panuel   told  the  tenanta  al 
i^m  botiite,  that  there  was  a  sist  come 
TviaOf  iog ;  ttiat  he  did  n<»t  desire  them 
vvitti  fh^-  -i-i     uDlesA  they  had  a  mind 
lf«i  ;  w  ohoae  lo  ^o ;  but  the 

cL    i       :  H  ifo  along.     Dispones, 
Im  t«CMf«d  a  fiecoud  letter  from  the  pan- 
I  «f  daltdie  Hth  of  May,  desiring'  hiin  to 
Bl  day  at  the  ejection  ;  hut  that  he 
iIm  laiiie,  because  lie  did  not  care  to 
Oliimre.    ,  Depones,  tliat    be   saw 
iitawari  at  Aucharn  the  Ist  of 
irbeci  the  deponent  left   Aucharn 
,  lUjr*  Ik  Icll  him  there  r  that  be  heard 
"lick  ^         V  Mic  thought  it  bard  that 
ilic«i:  the  tenants  upon  the 

of  Ani*uici »  w  Uen  be  did  not  remove 
^  Mamaiw*  Dcponi'S^  that^  in  the  he- 
Hi*  4»\nl  t'lfini^  met  41lan  Breck 
'cjionent^  that  he  heard 
;  nj  was  endeavouring  to 
%tkm  Inm  op  ac  a  d«atfter ;  hut  that  be,  Allan 
lli«cfc«  liAai  surrt ndar64  himself  in  1746  to  sir 
M^Kft  Jlfo^ira,  as  a  justice  of  peace.    De- 


iM*a  n. 


^  I- 


I9  \m  cxiretuely  ffood« — ^The  clerk  how* 
i  to  mark  any  thintp  said  by  the 
^  to  itie  (*oodi}es4  ot  the  pan- 
cter. — Tbfi  iloctrine  wiiich 
i;"»rt,  Rprinjfs  from  the 
H^;  which  regnnfi  a 
,  ,.w.iciplea  as  a  moiuiter  in 
mry  wmocet.  But,  thank  God!  the  exjjc- 
iSaBCtof  Late  viMiK  hiH  banished  it  from  hfe: 
Hririllilic    '  I,  without  a  mixture  of 

My  ami    iti  i  that  it  has  once  tnore 

miti  Ui  lirdd  in  so  iMdemn  a  place, 

iMooi^  iiit  »ii  ii€:cH»iott.     Sorely  his 

net  e»uU  iiavc  recoUet  ted  iofitauces,  per- 
mit fO  lite  ctit?t<*  of  hi«  own  act^uaintancej^,  if 
•HiiMitt^  bi'  N,  whert^  t^litical  prin* 

flflfli,  «f  a  •  0  furmeiU^  arc  no  bar 

lilreil  a«d  r  listhbuiion  ol 

«IM,H  wil  I,  that  moral 

iloitfliti   »*  1  ^.Miit.i  —  [lemnrkable 

*••  Um  rvlJ:  :Ue  poor  pannet  himself 

i^iysHnaiig^  ,,..  .,  uj;  whoaaid  tohm  igetit, 
^^  It  b  ftll  Oivr  miw  ;  my  lawyers  n«red  give 
'IhraHilitci  aa  furthfr  truublo  about  uie :  my 
'ikMH  if  a*  ceftmm  at  li*  it  were  pronrnmred. 
^lahtmjs  dnniM  ihia  plaiM',  and  the  iullueuce 
*ll«l  pfvvaiia  m  ii »  but  thia  ouuloat  all.  God 
"  v^kiflw'"  Soppleiiient^^c, 
•  Ntfia  til  f*  93  •  of  ihi»  Voiume. 


A,D.  n5«.  [118 

ponet,  thai  in  the  be^naing  of  April,  the  de* 
ponenl  saw  AUao  Breck  Siewart  at  Callart: 
that  be  did  not  apnear  to  be  tkulking:  that] 
%vbcn  be  aaw  him  tirst,  he  was  dressed  in  t^ 
French  babit:  that  on  the  UX  day  of  Mayi^J 
when  he  saw  him  at  Aucbnni,  be  wah  in  A  I 
short  black   higiiUnd  cont  wUh   white  butt ouf 
rtnd    tri»wsers»   and   said    be  bad  come  frot«  1 
lUnooch.     Causa  $ci€ntta patet.     And  thiaiij 
truth  as  he  shall  answer  to  God, 
(Signed) 
Argyll,  Cuahlcb  Stewart. 

Duncan  AlnccoU  in  Ardshiel,  aged  SO  yMiV  | 
and  upwards,  married,  being  sworn,   purged  1 
and  examined   ut  supra,    by   Mr,    Alexonder  ^ 
Catnpbell,  minister  at  Inverary,  sworn   inter-  \ 
preter,  deponi';;,  That  on  his  und  others  bt-in^ 
waroeil  to  remove  from  the  lands  of  Ardsbiel, 
as  at  Whitsunday  last,  he,  for  his  part,  bad  n^'  ^ 
intention  other  th»u  to  submit  to  the  warning^  ' 
till   a  paper  was   procured   from  £dinburghy  I 
which  he  heard  read  by  Charles  Stewart,  notar  1 
at  Aucharn,  as  on  a  &Ay  be  was  there,  bein^  ^ 
along  wiili  hia  neighboui-s  adrprtited  to  meet  ^ 
there:   that,  when  the  notice   was  given  tor! 
this  meeting,  he  was  not  at  bis  own  houses 
but,  on  his  return,  bis  wife  told  him  such  t 
message  was  tent,  and  that  advice  was  eom«  1 
from    Edinburgh    to  direct  those  who   wer«  { 
warned  to  remove,  to  continue  in  their  uostaesv  • 
sion:  that  on  his  coming  to  Aucbarn,  he  doe« 
not  remember  whether  the  ptiper  wa^  read  iq 
bis  presence,  but  is  positive  he  and  bis  neigh- 
boirr»  were  told  by  Cbailes  Stewart,  notar,  and 
the  pannel,  that  the  paper  contained  advice,  ai 
above,  on  which  they  shouhl  go  lo  ask  the 
liinds  from  Gtetiure  ;  arid  to  be  cautious  iu  their  < 
conduct,  as  ihey   were  to  swear  about  their 
hemg   faithful   and    peaoeaMe    tenants.     De*  * 
j»ones,  ibnt  he  gave  no  allowance  or  mamtate  J 
to  tiie  pannet  to  make  any  appUcation  at  £dm- 
burgh  against  the   removing;  that,  befoi^e  be 
liestrd  Hay  ihing  of  this  pafier  from  Edhiburgh| 
he  had  cn^u;;ed  to  serve  as  bouman*  lo  tite 

''^  ^^  A  txMirii.in  is  a  kiiid  of  tenant  or  servant 
(not  a  herd)  in  the  Highlands  ot  Scotland,  that 
\s  pIscH  i»fK>n  a  grass  room  or  farm,  with  a 
stocking  of  c«ttle,  he,  from  the  mai^ter;  nod 
1%  accountalde  to  him  for  ttte  value  of  the  ^nd 
stocking,  and  the  pruduc*^  of  it,  at  the  yearly 
rate  of  such  a  number  of  calveit,  kids,  latnh:^^ 
stones  of  cheese,  butter,  ^c.  He  i^  always  a, 
man  of  substance,  and  able  to  maintnin  hit<  fii> 
imily  well  J  th»l  is  ihnt  *'mphiyetL"  Supple* 
iiienl  to  the  Trial  ol  Jam^s  Stewart.  ,*  j 

The  kindness  of  Mr.  Walter  Scott  has  far> 
fiished  me  v^ith  the  following  noore  fuM  and  ex- 
act account  of  the  boumnn  or  bowman  : 

"  The  [Kvverty  of  the  yeominry  and  peasaoti 
of  Scotland  introduced  a  imide  of  ciillivaiiitf 
the  luod,  now  fortunutely  only  known  mi  our 
law  books;  wIil-u  the  bndloid  foiDishtxl  tbt 
tenant  with  the  iiapltments  ol  husbandry,  Ibf 
cattle  for  labour,  the  eeed  coro,  and  itiUer  alook 


119]  25  GEORGE  U. 

tenants  Glenure  was  to  introduce;  but  tliat,  on 
hearinir  of  the  paper  from  Edinburyfb,  he  pre- 
terret!  keeping  bj  bis  nei^bboura,  as  he  con- 
sidered the  beings  continued  in  possession,  did 
the  law  support  him  in  it,  more  henettcial  to 
him.  Depones,  that  the  procurini;^  the  paper 
at  Edinburgh  cost  him  no  money.  Cauta 
icientia  patet.  And  this  is- truth,  as  he  shall 
answer  to  God.  And,  being  interro^te  for 
the  panopl,  depones,  that' it  was  in  company 
vith  the  rest  of  his  neighbours,  he  went  to 
Aucharn,  and  went  along  with  them  likewise 
in  company  from  Aucharn  to  Glenure,  along 
with  the  notar;  and  that  he  remembers,  be- 
fore they  lefl  Aucharn,  thepannel,  in  general, 

necessarjr  to  curry  on  the  farm,  the  tenant  only 
contributing  his  labour ;  the  prottuce  or  return 
being  dirided  between  them.  This  species  of 
location  was  called  by  the  name  of  stcil-hawt 
for  which  ▼arious  etymologies  have  been  as- 
signed. Something  of  this  kind  subsisted  to  a 
late  date  in  the  Highlands,  where  a  cottager 
unable  to  purchase  a  cow  or  horse  to  stock  his 
croft,  was  furnished  with  one  by  the  landlord 
on  condition  of  sharing  in  profit.  These  were 
called  by  the  old  word  bowmen  ;  and  such  a 
person  seems  to  hare  been  the  bowman  of  Kil- 
fisnacoan  in  the  trial  of  James  Stewart."  [See 
the  deposition  of  Alexander  Stewart  the  pack- 
man, in/ra.] 

With  Mr.  Scott  agrees  Dr.  Adam  Smith, 
who,  speaking  of  the  metayers  of  France,  de- 
scribes them  as  Mr.  Scott  describes  the  bow- 
men, and  says,  **  that  at  the  time  in  which  he 
wrote,  a  like  sort  of  tenants  still  subsisted  in 
some  districts  of  Scotland,  where  they  were 
called  steel-bow  tenants."  See  Wealth  of  Na- 
tions, Tol.  8,  "book  2,  c.  3,  pp.  90,  et  seq. 

In  Jamieson  I  find  not  either  of  the  words 
boiiman,  bowman,  or  steil-bow,  but  be  inserts 
Steelbow  goods,  which  he  defines  thus:  *<  Those 
goods  on  a  farm  which  may  not  be  carried  off 
by  a  removing  tenant  as  being  the  property  of 
the  landlord." 

And  the  first  authority  which  he  cites  is  the 
following :  **  Till  towards  thu  be;;inuing  of  this 
century,  landlords,  the  belter  to  enable  their 
tenants  to  cultivate  and  sow  their  farms,  fre- 
quently deUvered  to  them  at  their  entry  corns, 
straw,  cattle,  or  instruments  of  tillase,  which 
got  the  name  of  steelbow  goods,  under  condi- 
tion that  the  like  in  quantity  and  quality  should 
be  redelivered  by  the  tenants  at  the  expiration 
of  the  lease."  Erskine-s  lustit.  book  2,  t.  6, 
§  12. 

But  Mr.  Waller  Scott  farther  informs  me, 
that  in  the  Highlands  a  common  herd,  who 
takes  care  for  numerous  owners  of  their  beasts 
feeding  on  extensive  unenclosed  pastures,  is 
denommated  the  bouman ;  and  qu.  if  that  be 
not  in  this  place  the  meaning  of  tlic  word.  See 
the  phrMe  'tenre  as  boanwn  to  the  tcnantt.* 
repeated  in  the  foliowiog  dcpoolMW  of  Mtc- 


Trial  of  James  Stemart^ 


[120 


told  them,  they  might  follow  the  advice  gifen 
them,  or  not,  as  they  should  see  cause ;  and 
that,  upon  their  arrival  at  Glenure,  all  that  be 
remembers  was,  th'at  they  took  protests  with 
money  in  the  notar's  hands,  against  Oleoare. 
And  this  is  also  tnith,  as  he  shall  answer  to 


God. 
Ja.  Fbrouson. 


(Signed) 

Alex.  Campbell. 


John  Maccombick  in  Ardshiel,  aged  43  yean, 
married,  sworn,  purged  and  examined  ut  fuprm^ 
by  the  above  Mr.  Alexander  Campbell,  swoni 
interpreter,  depones.  That  he  was  warned  wiA 
the  rest  of  the  tenants  to  remove,  at  at  last 
Whitsunday,  and  meant  to  submit  to  h,  and 
therefore  agreed  with  the  tenants  to  be  intro- 
duced to  serve  them  as  bouman  ;  bat  on  his 
being  called  to  Aucharn,  by  a  messaffe  in 
Charles  Stewart  the  notary's  name,  and  bear- 
ing the  advice  from  Edinburgh  explained 
there,  and  that  there  were  some  hopes  the 
government  would  allow  them  to  sit  still,  if 
they  continued  peaceable,  he  chused  to  keep 
by  this  chance  with  his  neighbours;  apoB 
which  he  went  along  with  them  to  Glenure, 
and  asked  to  be  continued  ;  and  got  for  answer, 
that  the  application  was  too  late,  the  lands  be- 
ing set  to  others ;  upon  which  he  joined  with 
his  neighbours  in  takmg  a  protest  in  the  handi 
of  the  notary.  Depones,  that,  as  to  the  agree- 
ment betwixt  him  and  the  incoming  tenanti, 
when  he  undertook  to  lie  their  bouman,  he 
heard  both  Glenure  and  these  tenants  say,  that 
it  was  by  Glenure's  advice  that  this  was  done. 
Depones,  that,  as  Duncan  MaccoU  and  he 
agmd  at  the  same  time  to  be  bouman  lo  the 
incoming  lenante,  so  he  heard  Glenore  my, 
that  it  was  his  advice  to  the  person  who  was  to 
employ  Duncan  MaccoU,  to  take  him  as  hie 
bouman.  Depones,  that,  on  his  being  wanh* 
ed,  he  advised  with  the  paonel  how  to  behave ; 
that  he  did  not  pretend  to  direct :  that  an  ad- 
vice in  law  should  be  asked :  that  he  hoped 
the  king,  and  those  employed  by  him,  woohl 
continue  the  former  possessors,  they  behaving 
dutifully ;  and  that,  on  his  being  advised  by 
the  pannel  to  have  patience,  he  resolved  to 
wait  the  issue :  that  likewise  the  pannel  ad- 
vised him,  if  better  could  not  be  made  of  it,  lo 
endeavour  to  gel  a  sub- set  from  the  incominf 
tenant;  and  tliat  thepannel  advised  him,  and 
others  concerned,  to  qualify  to  the  government. 
Depones,  that  he  told  the  pannel,  that  if  the 
law  countenanced  the  continuing  them  in  their 
possession,  he  would  rather  chuse  it.  Depones, 
that,  on  the  day  he  and  his  neighbours  went  to 
Glenure,  the  pannel  left  them  to  the  freedom 
of  their  own  choice,  whether  to  follow  the 
purpose  of  the  advice  from  Edinburgh,  or  not ; 
only  it  was  his  opinion,  that  they  had  a  chance 
of  being  continued  in  their  possessions,  they 
behaving  themselves  in  all  respects  dutifully, 
and  go  and  ask  the  lantlsof  Gleuure.  Defioncs, 
that  he  does  not  remember  that  the  advie« 
from  Edinhurvh  cost  him  any  money,  or  that 
any  was  asked  of  him ;  bat  that  some  aocounttf 
wen  at  that  tint  bctwix  bin  and  the  puBd. 


J6f  Murder^ 
ODM,  Ih&t  be  tonttniied  wtlh  the  rest  of 


tenaols  about  the  jiannel,  till  ihey  were 
by  bim  to  lea^e  him^  as  be  could 
of  bimselK,  aad  ii  as  to  gt»  home : 
he  does  Dot  remember  to  hare  lieani 
i*i  name  meutioned  alt  the  vvbile  ;  am  J 
tliis  happened  on  occasian  of  Gleuure 
mnd  tk9  pani]er*(  meeting  at  Riotalline  :  lliat 
lie  if  ant  posiiif  e  as  to  the  time,  but  ihinka  it 
wif  Ibe  last  night  of  the  old  5  ear.  Depones^ 
tlNl  be  heard  Glen  11  re  went  next  day  to  the 
|iaoei*a  lioiu»e,aod  ilined  there.  Causn  sci- 
nti^poiti.  And  Ibis  isi  truth  as  be  shall  an- 
•wer  Co  God.  (Signed) 

B.GviATrt,  AtEx.  Campbell, 

JoIa  Maccorquodale^    late   in    Letter  mo  re, 

BO*  in  BaHachedsbf  a^efl  20   and   upwanisi 

mimed,  sworn,  |>iirged  and  examined  ni  »upru, 

ly  the  siaid  Mr.   Alexaader  Cam|ibd),  s^'orn 

iul«rpreter,  depones.  Thai  the  Last  night  of  De- 

ceiaber  b^t,  he  was  |iiftient  ni  Kintalliiie,  a^ 

GUaure  and  the  panuel,  wiih  some  01  her  com* 

Dtnv,  met ;  when,  Hfter  drinking  a  while,  from 

load  fiords  it  was  apprc^li ended  a  r|uurreL  11  ould 

«nme ;   to  prerenl  which,  the  depoDifot  with 

Mme  oiber«,  carried  out  the  |iant)el,  who  seem* 

cdiiowilhug  to  part  wiih  Glenure,  n»  he  ex- 

pecM   Glenure  Houhl  go   that  niglit  to    his 

Imtff:    that  the  deponent  beard  ihai  Gleaiire, 

iWigli  he  dechned  in  ^o  with  the  {launellhat 

mgM,  vet   he  proposed  to  breakfast  with  hini 

%txi  morning  :    I  hat  tlie  depotit* nl  was  in  com- 

pAoy  with  the   panivel,  and    loltowed   him  at 

iime  diitance  from  the  bougie  of  Kintalline ; 

•0(1  that  slW  the  white  he  w^  in  the  panDefs 

cuiapaay,  he  bi^ard  nothing  of  Glenure;  only 

Ibe  |)tQnel  was  ihsohJiged  at  being  separated 

(t<m  bim,   and  said,  tjiat  if  they  about   him 

hid  Iff  pi  off,  Glenure  and   be  would  be  good 

Tricridi    Uffure   they    would    [*art*       Depones, 

dm,  when   he  was  warned,  and  conse^^uentiy 

lib  to  want  lands,  he  was  talking  of  bis  situa- 

ti<uito  the  pannel,  being  poor,  and,  in  his  own 

tppfeheoMOii,  unable  tu  hear  the  expence  of  a 

ItWfuit,  did  not  propose  to  follow  the  matter 

iQ  Ibtl  way  :    that  being  asked  a  sight  of  the 

wimingt  he  gave  it  to  ihe  pannel,  but  did  not 

imn  any  advice  in  law  should  be  asked  ntiout 

•li  hivintf  some  dependence  on  his  innocence, 

wd  t»'4  l»€Jog  concerned  in  any  of  the  ti'i>ubles 

•■tbal  country.     And  being  iiilerro^fate  tor  the 

fittutl,  wli  ether  the  pannel  had  ail  vised  him, 

^kdepooeoi,  to  eiii^aife  as  bouman  in  Leiler- 

^^^tol,  if  lie  Iter  could  not  be  provided  for  him, 

^^niei  negative.     Cuusa  scientta:  patet.     And 

vk  truth  as  be  shall  answer  to  Gud. 

(Signed) 

r.GjuLjsr.  Alex.  Campbell. 

Evun  Mucin  tyre  tn  Ducbelly,  late  herd  in 
Olenduror,  aged  QO  years  and  upwards,  itn- 
AvntKlt  awnrn,  purged  and  examined  ut  ii/pro, 
•y  Wr.  Archiliald  Campbell  of  Stonetield, 
99t)m  interpreter,  deponeK^  That  he  engaged  to 
fct  herd  10  Mr,  Campbell  of  Balheveolan,  in 
Ike  faroi  of  Gleuduror,  for  the  year  1751 ;  and 
Hut  tbe  day  after  be  entered  into  bii  service 


A.  D.  1152. 


there,  the  paotiel  challenged  bim  for  accepting 
thereof,  ami  told  htm»  that  he  would  be  fit- 
aides*  with  him,  sooner  or  later,  for  douig  it ; 
and  that  if  he  did  not  meet  with  resentment 
himself  in  his  life-time^  others^  such  aa  his 
friends^  niight  meet  with  it  after  his  death. 
Depones,  he  nefer  was  in  the  pannel 'S  service. 
CaUBo  scieniitt  patet.  And  this  is  truth,  as  fa« 
shall  answer  to  God;  and  depones  he  eaonot 
write.  (Signed) 

AftOfXL.  Aacu.  Campoell, 

Alexander  Camphtll  in  Tynaluih,  aged  fifty 
years,  married,  sworn,  purged  aod  examined 
ut  snprdf  depones,  That,  iu  the  end  of  April 
last,  the  pannel  called  at  the  deponent^s  bouse 
in  the  luorniug,  to  have  bis  horse  corned  ;  and 
baring  called  for,  and  got  a  dram,  which  wa* 
afterwards  set  down  upon  the  table,  one  Mac- 
laren,  a  merchant  in  Stirling,  who  l»ad  lodged 
with  the  deponent  the  night  before,  l»eiog  pre- 
sent, asked  the  pannel,  if  he  would  not  help 
the  deponent  to  a  dram?  And  the  pannel  au- 
swered,  be  did  not  know  any  thing  thai  be 
would  help  the  deponent  or  any  of  his  nameto, 
if  it  wa^  not  tu  the  gibbet.  The  deponent  an« 
awpred,  that  that  was  not  a  comfbrtabit  expres- 
fiion  to  liim.  that  it  seems  if  any  of  them  were 
al  I  he  gibbet,  the  pannel  would  draw  dm«it 
their  feet ;  und  the  pannel  replied,  that  of  some 
of  thf-m  he  wonhl,  and  some  of  them  he  would 
nut ;  tbat  then  (he  deponent  said,  that  Glenure, 
as  he  supposed,  waK  the  man  of  the  nnme  with 
whom  the  pannel  had  the  greatest  quarrel,  and 
the  deponent  did  not  knov%  any  good  cau^e  the 
pannel  bad  tof  it:  upon  which  the  pan  net  an- 
swered, That  if  Glenure  tiad  used  the  d^po^ 
nent  as  ill  as  he  had  used  him,  ibe  ^auoel,  by 
turniniiT  li\m  out  of  his  nossessiou,  he  would 
bare  no  lens  quarrel  with  him  than  he  bad : 
and  the  deponent  replieil,  That  that  was  00 
just  cause  of  quarrel ;  for  that  li  (he  pauuel  bad 
a  tack  of  bis  farm,  Glenure  could  not  turn  bim 
out ;  aud  the  deputient*s  wife  was  also  present 
at  this  conversation.  And  being  mterrogate 
for  the  pannel,  whether  the  de|iouent  then 
thought  him  serious,  and  in  earnest,  or  that  it 
\»  as  only  a  Joke  ?  depones,  thai,  at  that  tinier 
he  thought  it  proceeded  from  malice.  And 
being  further  interrogate  for  the  pannel,  de- 
poneij,  he  was  at  that  time  ]>erfeclly  sober. 
Depones,  that  all  they  drank  was  a  gill  of 
aquavira;,  of  which  the  deponent  got  a  p4irl. 
Causa  icientiic  palet.  And  this  h  trulh,  as  be 
shall  answer  to  God.  (Signed) 

P,  Grant.  Allx.  Campbell* 

Ewan  Murray^  vintner,  at  wei^t  end  of  Loch* 
earn,  aged  thirty-four  years,  married,  sworn, 
purgpil  and  examined  ut  supra^  depones,  That, 
in  April  la«it,  the  pannel  and  Colin  Maclaren, 
merchant  in  Stirling,  came  to  the  deponent*» 
Imtise,  and  the  [lannel  tidd  ttie  deponent,  that 
Glenure  had  warneil  away  several  families  ia 

*  I  believe  the  otdiuary  expression  11  to  be 
upiidet  wUh.  Both  seem  to  correspond  wttb 
the  Engtisb  rulgar  phrase  of  6ctii^  evtn  with^ 


189]  25  GEORGE  11. 

Ardflliiers  estate  to  remo? e ;  and  that  be  was 
inruriuedy  that  none  of  Uie  factors  on  the  for^ 
feited  estates  had  power  to  remove  the  teoants ; 
and  that  he  was  going  to  Edinburgh  to  take 
adfice  of  lawyers  about  it;  and,  if  he  had  not 
that  power,  that  the  paond  would  apply  for 
suspension  in  his  own  name,  and  in  name  of  the 
rest  of  the  tenants;  and,  the  oonfersation 
turning  upon  an  officer  of  the  army,  that  was 
branded  with  cowardice,  and  had  been  broke  on 
that  account,  the  pannel  said,  that  he  had  rea- 
son to  say  that  Glenure  was  as  great  a  coward 
as  that  officer;  for  that  be,  the  pannel,  had 
challenged  him  to  fight  him,  which  Glenure 
declined;  and  desired  the  deponent  to  tell 
Glenure,  that  he  had  told  him  so ;  but  the  de- 
ponent answered,  That  he  would  not  carry  any 
aucli  message  from  one  gentleman  to  another  ; 
and,  from  theoonrersation,  the  deponent  under- 
stood, that  the  arms  with  wbicii  the  pannel 
had  challenged  Glenure  to  fight,  was  with 
pistols.  And  being  interrogate  Tor  tbe  pannel, 
depones,  that  he  thought  the  pannel  was  a 
little  concerned  with  drink.  Cauta  tcientia 
p€tet.  And  this  is  truth,  as  he  shall  answer  to 
God.  (Signed) 

P.  Grant.  Ewan  Murray. 

GoHn  Maclaren^  merchant  in  Stirling,  aged 
twenty-two  years,  unmarried,  sworn,  purged 
and  examined  ut  iupra^  depones.  That,  in  the 
month  of  April  last,  the  deponent  happened  to 
lodge  in  the  house  of  Alexander  Campbell  in 
Tynaluib  a  niffht,  and  in  the  morning  about 
nine  o'clock  the  pannel  alighted  there;  and 
hating  breakfasted  and  got  a  dram,  the  depo- 
nent understanding  that  the  pannel  was  going 
the  sanoe  road  wiUi  him  towards  Stirling,  de- 
aired  the  pajinel  to  gire  the  landlord  a  draoo, 
that  they  might  go  ou  their  journey ;  that  the 
pannel  answered.  That  he  did  not  think  he 
■boold  help  the  landlord,  or  any  of  his  name, 
to  a  dram,  or  any  thing  else,  if  it  was  not  to 
the  gibbet :  that  be  had  mentioned  to  the  land- 
lord, that  Glenure  had  warned  him  to  remove 
from  bis  possession  in  Ardshiel ;  therefore  the 
landkMd  answered,  that  it  seemed,  if  they  were 
on  the  pbbet,  the  pannel  would  draw  down 
their  ftitt ;  and  he  supposed  it  was  on  Glenure's 
account;  to  which  the  pannel  answereil,  he 
ceuM  not  sav  but  it  was ;  upon  which  the  pan- 
nel and  landlord  entered  into  an  altercation  to- 
gether touching  the  justice  of  that  remo? ine  ; 
and,  as  tbe  deponent  had  no  concern  in  the 
matter,  be  took  little  notice  to  what  passed. 
Depones,  that,  upon  the  landlord's  using  the 
above  expression,  that,  if  they    were  on  the 

S'bbet,  the  pannel  would  draw  down  their  feet, 
e  nannel's  answer  was  in  these  words.  That 
he  did  not  chose  to  be  an  executioner,,  but  he 
could  draw  down  some  of  them.  Depones, 
that  from  Tynalnib  the  pamiel  and  deponent 
proceeded  on  their  journey ,  and  about  eleven 
o'elook,  or  osid-day,  came  to  tbe  iMNise  of 
Etrao  Mumy,  the  pracediiig  witnesa:  that 
tlMre  tbe  panDel  again  oompUmed  of  Glannre'e 
raneffaisrhini  tdd  Uaa,  il  wm; Mt  Cwp- 


Trial  qfJamet  Stevoartf 


[IS* 


bell  tliat  was  to  succeed  in  his  room*:  that  be 
did  not  know .  any  reason  lor  G tenure's  using 
him  so,  for  that  they  were  cousins :  and,  upoq 
the  deponent's  saying,  that  possibly  it  wasJKMie 
of  Glenure's  fault,  and  that  he  cuukl  not  bdf 
it,  tlie  pannel  said,  he  did  not  know  any  busi- 
ness that  either  the  exchequer  or  the  TactM 
had  to  turn  out  tenants,  while  they  paiik  tbttir 
rent ;  and  said,  that  he  waa  going  to  Efdinborgb 
to  get  a  suspension  of  the  decreet  of  remof  ins^ 
Depones,  that,  having  left  Ewan  Murrajri 
bouse  together,  and  tbe  said  Ev^an  in  coanpany 
with  them,  the  conversatiou  turned  upon  af 
officer  in  tbe  army,  who  had  been  broke  ftr 
cowardice  ;  and  the  de|>onent  said,  be  was  sur- 
prised with  it ;  for  that  that  officer,  as  the  de* 
ponent  besrd,  had  not  declined  to  accept  of  a 
challenge  to  fight  from  Glenure ;  that  tbtre- 
upon  the  pannel  said,  that  be  esteemed  Ibit 
officer  a  better  man  than  Glenure :  and  Ewaa 
Murray  having  contradicted  bis  being  so  good 
a  man  as  Glenure,  the  pannel  said,  thai  he 
knew  the  contrary ;  for  that  he  himself  had 

S'ven  Glenure  s  challenge  to  fight  him,  which 
lenure  declined  ;  and  ilesireil  Ewan  Mumy 
to  tell  Glenure,  that  he  would  fi<sbt  him  whcfl 
he  wouM ;  but  Ewan  Murray  declined  le 
carry  such  a  messsge.  Depones,  that,  afWr 
parting  with  Ewan  Murray,  in  tbecooraeef 
their  journey  the  deponent  found  that  the  re- 
moving was  much  at  the  pannel 's  heart ;  and 
the  deponent  endeavoured  all  he  could  to  divert 
the  conversation  to  another  subject:  that  the 
pannel  told  him,  that,  if  he  failed  in  his  aw- 

Emsion  at  Edinburgh,  he  would  carry  it  to  the 
ritish  parTiament;  and,  if  he  foiled  there;^ 
told  him,  after  a  IttUe  pause,  and  with  an  eoH 
phasis,  that  he  behoved  to  take  the  only  other 
remedy  that  remained.  And  being  interrogate 
for  tbe  pannel,  depones,  that,  dunng  the  con- 
versation in  CampbeH's  house,  above  deponed 
upon,  the  deponent  at  first  thought  that  tbe 
pannel  had  been  in  joke ;  but  afterwards  it  was 
like  to  become  very  serious ;  for  the  landlord 
and  he  came  to  pretty  high  words  together: 
and  being  further  interrogate  for  the  pannel, 
depones,  that  he  did  not  think  the  pannd 
dniok,  either  in  Campbeirs  house,  or  in  Ewan 
Murray's  house  ;  but,  after  leaving  Murray's 
house,  they  drank  two  or  three  drams  at  a 
dram- house;  and  after  that  the  deponent 
thought  him  much  concerned  with  liquor;  and 
it  was  after  taking  these  drams  that  the  conversa- 
tion between  Murray  and  the  pannel,  with  re- 
spect to  challenging  Glenure,  happened.  And 
depones,  that  they  had  rode  several  miles  to^pe- 
ther,  befbre  the  conversation  about  ihe  British 
parliament ;  and  the  deponent  thouc^ht  liiiii  even 
tlien  still  concerned  with  drink.  Cauta  scieit- 
tia  patet.  And  ibis  is  truth,  as  lie  shall  an- 
swer to  GihI.  (Signed) 

P.  GsANT.  Colin  >1aclak£n. 

John  More  MaecoU^  late  servant  to  the  paar. 
nd,  aipsd  thirty-seven,  married,  witness  citedp 
sokmoly  sworn,  purged  and  examined  byUin 
•bof  e-oanidi  tlepoBci,  Tha^ 


fd/r  Murder* 

presefit  at  a  oonversation  that  liajipened 

tUe  paniiel,  Jobo  Beg  and  Dui^td  Mac- 

serrants  to  the  pntinel,  in  lli€  pau- 

wiioiiae  ftt  Aucham^  ij«fm-e  dfty-lig:hl 

tQoriiitig'4  abotit  Yule  last^  as  the  deiH>- 

l  remefiil>er«:  that  llie  deponent  was 

i^  employed  tti  rlifitilling'  the  second  draught 

'  ^  brcwmi*'  of   a4)UafitGc;    and  the  pantiel 

deponeot  to  ^^Itq  lilm  and  the  peo- 

a  dram,  ivhich  the  tte)iotieDt  dtd  : 

pauiit'l  said,  Glenure  wmild  not  tnke 

from  the  tenants  of*  Aucharn,  part  of 

isliiel  estate,  because  they  had  flfi?eii  the 

•orne  bear,  which  Glenure  alledi^ed  they 

to  imve  paid  him  '  that  the  paniiel  com- 

it  was  hard  to  refute  the  rent  in  money 

the  tenants  in  a  scaree  year ;  and  oh- 

•erTfil,  that  it  would  be  of  no  great  cotiseqaenfe 

to  faim^  the  panne],  though  be  should  pay  hack 

tbe  bear,  in  comparison  to  what  it  would  be  !*» 

(helenanta  for  »suhse<pient  years,  in  ca*ie  ihey 

Wfr«  nb)i}^^  to  pay  their  larm  bear  ami  meat ; 

Ia4  said,  the  tenants  or  comnioners  were  hkely 

Ivkferv  Mi  off;  for  if  Glenure  went  on  m  the 

Hjbctneu  did,  rt  was  likely  he  woufd  be  laird 

of  Appin  in  a  very  short  tirae ;  and  that  he 

knew  once  a  set  of  commoners  in  Appin,  who 

taotd  not  attow  Glenure  to  go  on  at  tucb  a 

rate:  to  which  the  deponent  and  the  rest  an- 

iwered,  that  they  knew  no  comtu^iti'TS  in  the 

OflfQDtry  that  could  strive  or  contend  wilh  Gle^ 

Mre  in  tbat  manner.     Depones,  that  he  had 

w coh versa tion  wiib  the  said  John  or  Duffald 

Miccolh  that  day,  nor  any  time  therearier, 

tboot  the  inn  port  of  the  above  commoninif. 

l>f|Mmcs,  that  in   seeil-time  last,   when  tbty 

went  harrowing' the  tath- field  in  A uch am,  beings 

tW  Tery  d^y   that  James  J^ewart  went  for 

£4iabaiYh,  Allan  Breck  Stewart  cikttie  to  the 

depftaept,  andtlie  latd  Dug^ald  Maccoll,  a^  they 

iHfe  yoking^  the  horses;  and  the   deponent, 

biriog  asked  him  some  questions  about  France, 

ttid,  he  did  not  tee  any  of  the  people  that  went 

flTcr  I  here,  come  back  in  so  trofid  a  way  as  they 

went  Of  er:  to  which  Allan  Breck  replied^  that 

dny  came  back  belter  thau  iliey  went ;  and 

tliU  tbey,  meaning^  the  people  of  Appin,  iiMifht 

Worich  belter,  if  they  wer^  \vnrtb  themselves: 

Ipiaihe  defionent^s  answering',  that  he  did  not 

•«  bow  that  coo  Id   happen,  Allan  Breck  an- 

"•tfwl,  if  they,  the  commoners,  were  worth 

^wiaekes,  lliey  could  keep  out  Glenure,  and 

^Iftlpf  htrr^   Prom  oppressinjj  llicm  ;  iiW  which 

^^^^^,  Itl  not  be  bauish[*il  from   their 

^^^p'  'Hm«;  and,  upon  the  deponent's 

^^»»inuj^,  lie  did  not  «ipe  how  any  l>o*ly  could 

i    prrtfud  Kt  strive  or  srtrij;fule  with   Glenure  in 

Lj|lt^v  %,.  had  the  tuwa  uf  ihr^  Iwint;  »nd 

HBn'-  li,  and  nobody  to  supp^^^t  or  lake 

■^fe  Wy  ii!c  nftnd,  after  their  so  doinj^  ;  Allan 

ftiH,  he  had  it  in  his  power  to  save  or  protect 

wijp  body  that  would  put  Gletiure  from  tramp- 

fioff  upon  the  country  in  the  manner  he  then 

wiT    And,  being  interrogate  for  the  pannel, 

•bitdre«tthe  ^aid  Allan  Brerk  used  to  wear, 

wImsi  be  taw  bim  at  Ancharn  ?  depones,  that 

hi!wi}F8  9BW  bitn  wear  a  blue  side  coat,  red 


A-D.  ITS?. 


[las 


waistcoat^  and  black  breeches,  with  ai  hat  and 
feather,  except  twice  that  he  saw  him  in  a 
black  short  coat,  wilh  white  metal  buttoof. 
The  first  lime  he  saw  him  wilh  the  aaid  sboit 
coat,  was,  when  the  pannel  was  at  EdinburgU  ; 
and  the  said  Allan  Breck  told,  he  was  43:uing  to 
Rannocli,  and  aciually  went  away,  and  atayed 
several  tlays ;  and  the  other  was  upon  Monday 
the  11th  day  of  May  last,  when  he  saw  the 
said  Allan  Breck  come  to  Aucharn  dreased  in  his 
long  clothes^  and  came  directly  where  the  pan- 
nel, Allan  his  son,  John  Beg  iVlaccoll,  and  the 
deponent,  1% ere  covering  potatoes:  that,  when 
Allan  C4ime  up,  they  were  reiting-  Ihemseltesj 
and  silttti|i^  by  one  another:  that  Allan  Breck 
sat  with  tlieiu;  and  all  the  conversation  that 
the  deponent  houcimI  wae,  some  questions  aU>iit 
the  welfare  of  the  people  of  Glencrearan  :  and 
thai  he  did  not  observe  the  pannel  have  any 
private  couversrttion  with  the  said  Allan  Breck  ; 
Ibr  that,  a  very  Uule  time  after  A lUo  Breek't 
arrival,  the  part opI  had  a  message  to  meet  Mr, 
Campbiftl  of  AirdK  at  Keel ;  and  that  thii 
liappiiDed  after  mid-duy  :  that  the  pannel  im. 
mediately,  upon  reiTeirim?  the  above  niei$sag<^y 
went  away  in  order  to  meet  Airds :  and  that  no- 
body went  aloni^  wilh  the  pannel,  Atlan  Breck 
hav'irij^ stayed  with  lliem :  ihal  a  little ttiereafler, 
the  dc'poneiit,  Allan  Stewart  ihe  panuersson,«]tl 
John  Be^  Maccoll,  went  to  cover  potatoes  at  s 
Ifreater  distance  from  the  pannel's  house  ;  that 
Allan  Breck  stayed  behind ;  and,  some  time 
thereafter,  Allan  Breck  came  where  they  were 
workio{T,  dressed  io  a  black  short  coat  wilh 
white  tnetal  buttons  and  black  breeches,  and 
wrought  with  them  in  covering'  potatoes.  De- 
ponesi,  that  the  deponent  came  very  early  upon 
Tuesday  morniui^  to  the  panners  sooi  and 
found  the  serf  ants  petting  up  :  that  the  depo- 
ueut  went  to  AuchaVii,  at  about  n  quarler  of  a 
mile*8  distance,  for  a  slaug-hter-spade ;  and,  ai 
be  waK  returning  from  theoce,  be  met  tlie  pan* 
nel  goins^  for  Appin'i?  house;  and  when  he 
came  to  the  paouel^s  honf«e,  he  saw  Allan  Breck 
silling  in  a  rooui^  dressetl  in  the  black  short 
coat,  combing'  his  hair.  liepones,  be  never 
saw  the  said  Allan  Breck  at  work  any  of  the 
times  he  saw  him  at  Aucharn,  e^fcept  covering 
I  lie  potatoes  upon  the  Monday  eveoing  %M 
aforesaid.  Cttuiti  uimtia  patet,  Aud  this  it 
Ihe  Imlli,  as  he  shall  answer  to  God. 
(Signed) 
Ja,  Ferouson,  ARcn*  Campbell 

Dugatd  Macc&ll,  servant  lo  the  pannel,  un* 
marrieiK  aged  24  years,  witnejts  oted,  swoiiif 
purged  and  examined  u^  mpro,  by  llie  fore- 
named  sHorn  interpreter,  defiones,  That  in  the 
Ititter  end  of  winler  Inst,  about  dny-break,  the 
deponent  was  alonjjsl  with  the  pannel,  in  hii 
brew- house  at  Auchurn^  in  company  with  John 
More  Mact'oll,  and  J<din  Bt'g  Maccoll,  bolk 
aerfanis  lo  the  pirn  nel :  ihut,  after  takinpf  » 
dram  of  whisky,  the  convf^n^aliou  tell  ijpoii 
ihe  tenants  itf  Aucharn »  a  part  of  the  fbrfeiled 
estate  of  Ardshiel ;  and  that  it  was  theti  meu- 
tioiieif,  that  tliey  were  in  use  to  f«y  #ofiie  be^r 


187] 


25  GEORGE  II. 


Triid  of  James. Steioartf 


[ISB 


mod  meal  ••  partof  their  rent :  that  the  tenants 
of  the  said  town  of  Aucharn  had  paid  the  bear 
to  tfaepannel  thev  were  in  use  to  pay,  and  made 
offer  of  money  for  that  and  the  rest  of  the  rent 
to  Glenure,  the  factor ;  and  that  Gteniire  re- 
fused to  take  the  money,  insisting*  to  have  the 
victual  paid  in  kind  as  formerly  :    upon  which 
thepannel  said,  that  Glenure  was  like  to  hurt 
liim,  the  said  James  Stewart,  as  much  as  was 
in  his  power ;  for,  as  the  tenants  had  paid  him 
the  bear  in  use  to  be  paid  out  of  that  farm,  and 
turned  it  to  his  own  use,  he  would  be  obligred 
to  answer  to  Glenure  for  that  article  of  the  rent ; 
but  added,  that  that  was  not  the  worst  of  it,  and 
that,  if  he,  Glenure,  went  on  in  the  same  way, 
it  was  likely  he  would  in  five  years  be  laird  of 
Appin ;    and,  upon  the  deponent  and  the  said 
John  More  and  John  Beg-  MaccolPs  saying, 
that)  that  was  likely    to    hapiien,    the    said 
James  Stewart,  the  pannel,   answered,    that 
that  was  the  fault  of  the  commouers  or  fol- 
lowers ;  for  however  he,  or  people  in  circum- 
stances like  biro,  would  shift  for  themselves, 
thev,  the  commoners  would  be  very  badly  off: 
andf  added,  that  he  knew  commoners  once  in 
Appin,  who  would  not  alk>w  Glenure  to  go  on 
at  such  a  rate ;  to  which  the  deponent  and  the 
others  present  answered,  that  they  believed  that 
there  might  be  commoners  once  in  Appin  who 
would  do  so.    Depones,  that  he  does  not  re- 
member that  he  and  John  Beff  Maccoll  had, 
at  any  time  that  day,  or  thercMier,  any  com- 
muning about  the  sense  or  meanings  of  this 
conversation  that  happened  in  the  brew-house. 
Depones,  That,  upon  the  last  night  of  December 
last,  Glenure  and  John  Campbell  of  Ballie- 
veolan  were  in  company  with  the  pannel,  John 
Stewart  younger  of  Ballachelish,  and  James 
IStewart  in  Ardnamurchan,  uncle  to  the  pannel, 
in   the    house   of  John    Breck  Maccombie, 
chan|;e-keeper  at  Kintallinc  ;  and,  after  night- 
fall, by  the  desire  of  his  mistress,  the  deponent 
went  there  to  attend  his  master  home:   that, 
after  he  came  there,  Glenure,  the  pannel,  and 
bis  company,  drank  till  it  was  late  at  night,  and 
the  deponent  heard  them  speaking  together ; 
but  as  It  was  in  English,  he  did  not  understand 
what  they  said :    that  at  last  they  began  to 
speak  very  k>ud,  and  got  up  upon  their  feet: 
that  the  deponent,  and  several  other  com- 
nouers,  who  happened  to  be  at  the  house  at 
the  time,  apprehending  they  were  going'  to 
jf|uarrel,  went  into  the  room  in  order  to  prevent 
it :  that  tbey  still  spoke  loud,  iiiul  in  Euglish  ; 
and  the  deponent,  with  the  assistance  of  John 
Maccombie,  alas  John  the  son  of  Duncan  and 
grandson  of  Malcolm,  and  another  John  Mac- 
combie, alias  the  son  of  Duncan  and  (grandson 
of  Duncan,  both  then  tenants  in  Ardshiel,  and 
John  Roy  Maccorquodale,  then  in  Ijcttermore, 
BOW  in  Ballachelisn,  carried  the  pannel,  and 
the  said  James  Stewart  his  uncle,  out  of  the 
room :   that  tbey  bsisted  for  being  hack  to  the 
company ;  hut  that  yonng  Ballachelish  came 
to  them,  and  told  them  that  they  must  not  go 
back,  and  that  they  ought  to  be  good  friends : 
lipon  whiob  the  pannel  taidi  be  would  not  itir 


frooi  the  place,  till  he  was  told  by  Glenure  if 
he  would  go  to  his  house  next  day ;  that  Bal- 
lachelish said  he  would  go  and  get  notice,  and 
accortlingly  went  into  the  room,  and  returned 
back  in  a  little  time,  and  told  tlie  pannel  that 
Glenure  promised  to  see  him  at  his  bouee  nest 
day :  that  the  pannel  asked  if  Glenure  had  pro* 
mised  so  upon  his  honour ;  and  upon  Ballacbe* 
lish    answering  he    did,    the   deponent    and 
the  said  John  Roy  Maccorquodale  carried  the 
pannel  over  a  burn  adjoining  to  the  aaid  home 
of  Kintalline  in  the  road  to  Aucbam ;    upoa 
which' the  pannel  told  them,  they  were  belter 
at  that  than  in  doing  what  they  ought  to  do,  and 
that  it  was  to  side  with  Glenure,  not  with  hia» 
that  tbey  were  there ;   and  asked  the  tenants 
then  present,  what  kept  them  there  so  late,  and 
why  they  did  not  go  home  in  proper  time  of 
night  P    And,  they  answering  that  they  were 
there  waiting  upon  him,  the  pannel  replied, 
that  it  was  not  waiting  upon  him  they  wers^ 
but  upon  Glenure,  to  see  what  they  could  gel 
by  him :  that  he  continued  at  such  conversa- 
tion as  this,  till  thev  came  to  the  fielda  of  Aa« 
chindarroch,  hard  b^  Aucbam,  when  the  aaid 
John  Maccombie,  alias  the  son  of  Duncan  Ma- 
cilchallnm,  said,  that  he  waa  told  that  Glenore 
had  a  drawn  hanger  in  the  room  where  they 
had  been  drinking,  afler  the  pannel  and  kiM 
uncle  were  carried  out,  declaring   that   be 
would  not  allow  them  to  return  to  hia  company 
any  more  that  night ;    upon  which  the  pannei 
aaked  them,  why  he  did  not  tell  him  that  be- 
fore he  came  away  from  the  house,  that  be 
might  see  if  it  was  true,  and  what  Glennra 
meant  by  it?  and  insisted  then  on  going  baek 
to  know  the  truth  of  it ;    but  the  deponent  and 
the  other  tenants  declaring  they  would  not  al- 
low him  to  go  back,  he  bid  tlieni  go  about  their 
business  and  leave  him,  which  they  accord- 
ingly did  ;   and  the  pannel,  and  the  said  James 
Stewart  his  uncle,  went  to  Aucharn,  attended 
only,  as  he  remembers,  by  the  deponent  and  a 
boy-herd  named  Duncan  Maccannanich  :  that, 
when  this  happened,  the  pannel  James  Stewart 
and    his  uncle  were  very  drunk.     De|K>nes, 
that,  some  time  in  March  last,  when  the  de- 
ponent and  John  More  Maccoll  were  harrowing 
the  tath -field    at  Aucharn,   being   the   aame 
day,  or   the   day  af\er  the   |Minnel  went   for 
Edinburgh,  Allan  Breck   Stewart  walked  for 
a  good   time  al>out   the  field ;    and  as   thejr 
were  loosing  their  horses,  the  said  Allan  Breck 
and  they  entered  into  conversation  about  FrauoOi 
and  |>eonle  from  this  country  there  ;  and  Joha 
More  Maccoll' asked  if  there  was  any  prospect 
of  any  of  them's  coming  back  ?    Upon  Allan 
Brack's  answering  he  was  afraid  they  would 
not,  John  More  said,  he  wisheil  that  none  bad 
ever  come  from 'that  country ;  in  which  the  said 
Allan  joined  him,  bayiug,  it  had  disperaed  the 
friends  he  most  regarded ;  and  that  it  was  a  parti*  ^ 
cular  misfortune  that  the  mana(;ement  of  anv  ' 
concerns  they  lef\  behind  them,  fell  into  the  handa 
of  one  that  was  about  to  ahew  them  no  manner 
of  favour ;  and  declared  that  he  meant  Glenure  s 
nnd  told  that  the  coinmonera  of  Appin  wevQ 


IS9J 


Jfcr  Murder. 


]iiile  vorthv  wbcn  Ihey  did  not  take  him  out  of 
the  way  befbra  now ;  and  upon  their  aaying 
aobodj  would  run  that  risque,  not  knoxviugwho 
vwld  Hand  by  tbein,  Allan  an8were<l,  that  be 
knew  a  way  to  convey  out  of  the  way  any 
{loaoD  tbat  would  do  so,  in  a  way  that  he 
would  Btfcr  be  catclied ;   and  also  said,  that 
they,  and  the  tribe  they  were  of,  (ineauiu«|f  the 
MaccsUft)  were  not  like  to  be  the  least  sutieivrs 
bjr  Gkuure'a  proceedings.    Depones,  that  the 
fini  tioM  he  saw  Allan    Hreck   Stewart  at 
Indian  was  about  the  licginning  of  the  oat- 
snriag,  which  was  preity  tar  advanced  in  the 
nealh  of  If  arch :  that  he  was  then  dressed  in  a 
udc  blue  eoat,  red  waistcoat,  and  black  breeches, 
with  m  hai  aod  feather :    that,  while  he  was  in 
the  esoBlry  of  Appin,  lie  was  for  ilie  most  part 
at  the  pan  net's  bouse ;  but  that  he  was  abUnt 
•sec  for  a  considerable  time,  when  he  said  he 
waa  ai  Ranooch :    tbat  the  deponent  saw  him 
whca  he  said  he  was  going  to  Rannoch  :  that 
ha  was  thea  dressed  in  a  black  short  coat  with 
silfer  boHoas  belonging  to  the  pannel,  blue 
tfwirsers  striped  with  white,  and  a  dun  great 
ceat,  which  the  deponent  thinks  belonged  to 
AUsa  Stewart  the  pannePs  son ;  and,  being  now 
shcwa  the  two  black  short  coats  in  the  clerk's 
haads,  depones,  tbat  the  coat  with  ilie  silrer 
bailsas  oo  the  pockets  belonge«l  to  the  pannel, 
sad  is  the  saoie  the  said  Allan  Breck  had  on 
wbcB  he  said  he  was  going  to  Uannoch  as 
aloresaid  ;  aud  ibe  other  coat,  wiih  no  buttons 
BpQO  the  pocket,  belonged  to  Allan  Stewart,  the 
pBBoel*8  soa.     De^iones,  that  he  saw  him  have 
■a  the  same  dress  when  he  came  back  from 
Baaooch.    Depones,  tbat  ho  does  not  mind  to 
bate  scco  the  said  Allan  Dreck  wear  the  said 
short  coat  at  any  otlier  time,  except  upon  Mon- 
day and  Tuesday  the  Jltb  and  12th  of  May 
lasL    Depones,  tbat  upon  Monday  the  tlth 
day  ef  fiay  iaat,  be  went  to  the  wood  for  fire- 
wesd ;  sod  upon  bis  coming  home  in  the  af- 
•tiausa,  he  found  the  said  Allan  Breok  dressed 
is  the  said  black  short  coat,  working  at  iiotatoes 
sis^g  with  John  More  Blaocoll,  and  John  Beg 
MaeeaU,  two  of  the  panuePs  servants,  having 
SB  his  owa  black  breeches.    Depones,  that  he 
MP  the  said  Allsn  Brcck  upon  Tuesday  morn- 
ijif  ,  the  ISib  of  May  Ust,  in  the  pannePs  house, 
1  in  the  said  black  coat  belonging  to  the 
J  and  Una  trowsers  striped  with  white 
Mch  as  now  shewn  to  him  in  the  clerk's  hands, 
ads  bine  bonnet.    Depones,  that  the  depo- 
■Ht  was  toid  the  said  Allan  Breck  left  Aucharn 
«df  epoo  the  Tueaday ,  bimI  the  deponent  has 
■tassa  him  since.    Depones,  that  uponFri- 
^  evening  the  15th  of  May  last,  the  deponent 
M  John  Beg  Maccoll  overtook  Katharine 
MmsbU,  servant  to  the  pannel,  in  the  brae 
iksve  Ibe  boose  of  Aucharn,  with  a  |>ock  or 
■cfc.  Bad  aooaetbing  in  it,  under  her  arm  ;  the 
iipsBiMt  asked  her,  what  she  had  got  in  the 
mtkf  To  which  she  answered,  that  it  was 
iAsa  Bff«ck*s  clothes,  and  tbat  she  was  going 
Is  hide  them  ;  and  the  deponent  and  the  said 
isha  Beg  Jlacooll  aaw  her  bide  the  sack  in 
vbicb  the  said  clothes  were;   and  that  this 
VOL.  XIX. 


A.D.  1752.  [ISO- 

happened  about  four  o'ch>ck  in  the  saiil  after- 
noon. Depones,  that  upon  Thursday  evening 
the  14lh  ot  May  last,  afier  notice  of  Glcnure's 
murder  came  to  Aucharn,  Allan  Stewart,  stm  to 
the  pannel,  desired  the  deponent  and  John  Heg 
Maccoll  to  bide  a  laqfe  Spanish  gun  that  used 
to  stand  in  the  brewhouse;  and  told  them, 
tbat  be  himself  had  concealed  a  lesser  gun  that 
used  to  stand  at  the  end  of  the  girnel*  in  the 
barn,  under  the  said  girnel,  where  lie  thought 
it  would  be  safe.  Depones,  that  the  deponent, 
and  the  said  John  Beg  Maccoll  on  the  said 
Thursday  evening,  hid  the  large  or  Spanish 
gun  that  used  to  stand  in  the  brew- house,  uniler 
the  thatch  of  the  sheep-house,  aud  three 
swords  they  took  out  of  the  bam,  and  a  fourth 
that  was  brought  by  John  Beg  Maccoll,  the 
deponent  does  not  know  firom  whence,  under 
the  thatch  of  the  back  of  the  barn.  Depones, 
that  about  four  o'clock,  Friday  the  15th  of  Alay 
last,  the  pannel  desired  the  deponent  to  carry 
the  above  arms  from  the  bouses,  and  hide  them 
in  the  moor:  I  hat  accordingly  the  deponent 
and  John  Beg  Maccoll  took  tne  aforesaid  large 
gun  from  Hit*  back  of  the  sheep- house  under 
the  thatch,  and  the  said  four  swords  from 
under  the  thatch  of  the  barn,  and  found  tlie 
gun  that  used  to  stand  in  the  barn  under  the 
girnel,  where  the  said  Allan  Stewart,  the  pan- 
nel's  son,  said  be  hid  it,'  and  carried  tbem 
to  the  moor,  and  bid  them  in  the  hole  of 
a  rock,  above  the  peatrmoss.  and  that  it 
was  told  at  Aucharn,  tbat  there  were  sol- 
diers coming  to  the  country,  before  these 
arms  were  hid  in  the  hill,  as  above.  Depones, 
that  the  said  John  Beg  Maccoll,  and  the  depo» 
nent,  had  the  above  arms,  when  they  overtook 
Katharine  Maccoll;  as  aforesaid,  with  the 
clothes.  Depones,  that  the  Isrge  or  Spanish 
gun,  that  stood  in  the  brew-house,  was  charged 
with  powder  and  small  drops ;  and  that  there 
was  no  shot  in  the  small  or  lesser  gun,  that 
used  to  stand  at  the  end  of  the  girnel  in  the 
bam ;  but  Allan  Stewart,  the  panners  son,  car- 
ried out  tlie  said  gun,  two  or  three  mornings 
in  order  to  shoot  black  cocks  in  the  latter  end  of 
March  or  beginning  of  April  last.  Depones, 
tbat  Allan  Breck  Stewart  waa  also  in  use 
to  carry  out  the  said  large  or  Spanish  gun  two 
or  three  mornings,  in  order  to  shoot  black  cocks; 
and  about  tbat  time  saw  him  endeavour  to  help 
the  lock  of  thesaid  gun  with  a  file.  And  being 
interrogate  for  the  pannel,  depones,  that  he,  the 
deponent,  has  no  skill  about  guns  ;  but  heard 
the  aaid  Allan  Breck  and  Allan  Stewart,  the 
pannel's  son,'  more  than  once  complain,  that 
the  guns  were  in  bad  order.  Depones,  that 
when  the  deponent  came  home  from  the  wood, 
upon  Monday  the  11th  day  of  May  last,  the 
pannel  was  not  at  home;  and  the  depuneut 
was  told  he  was  gone  to  Keels  to  meet  the 
laird  of  Airds :  and  that  the  deponent  had  gone 
to  bed  before  the  pannel  came  home  tbat 
night:  and  that  early  upon  Tuesday  raomiug, 
when  the  deponent  got  up,  he  saw  the  pannel 


*  **  A  meal- ark  orcoru-cbest." 
K 


Arnot. 


131]  35  GEORGE  11. 

^«iti«'Mit;  who  f«>|il  him  that  he  wu  going  to 
l;>i-  >:  s  h'..ii<;':  and  that,  to  the  deponent's 
'{i  :.\rlr>i.4:«^  .;;] m  Breck,  or  the  panners  sons, 
'«r.r  (M>.  xUin  up:  that  be  saw  thepannel  go 
tjwLiAly  Li'ttershuna,  where  Appin  life*.  De- 
;>onefl,  that  Allan  Breck  Stewart  left  Ancfaam 
befure  the  panuel  returned  from  Letlenhnna: 
aiid  upon  an  interrogatory  put  for  the  panned, 
if  the  pannet  had  gifen  tbealiort  black  coat  the 
deponent  raw  the  said  Allan  Breck  wear,  al|d 
which  he  has  deponed  belonged  to  the  panneli 
was  giren  by  the  pannel  to  the  deponent,  or 
any  other  of  bis  servants,  before  the  said  11th 
of  Ma^,  depones,  that  the  said  black  coat  was 
not  given  to  liiro,  the  deponent,  nor  to  any 
other  of  the  servants^  to  his  knuwledee.  And, 
being  interrogate  for  the  pursuers,  after  shew- 
ing him  the  powder-horn,  now  in  the  clerk's 
i)ands,  and  which  bad  been  formsriy  shewn 
him  when  he  was  examined  upon  the  nreeor- 
nititfn,  whether  lie  had  ever  seen  it  before  tne 
time  of  taking  the  said  precognition  ?  depones, 
be  never  did.  And  beinff  interrogfate  for  the 
pannel,  depones,  that  Gwnore  and  Balliereo- 
Ian  dined  at  the  pannel's  house,  in  company 
with  tlie  pannel,  tne  day  after  they  were  hke 
to  have  quarrelled  at  Kintalline  as  aforesaid. 
Depones,  that  it  was  ordinary  for  the  pannel 
to  gite  a  dram  to  bis  serrants  every  tiaie  he 
distilled  a  double  drau{rht  of  whisky.  l>e- 
pones,  that  the  double  draught  was  a  ifistilling, 
when  the  deponent  and  the  otiier  servants  got 
the  dram  mentioned  in  the  first  part  of  this  depo- 
sition. Cauta  scientUt  pateL  And  this  is  the 
truth,  as  he  shall  answer  to  God.  And  declares 
he  cannot  write.  (Signed) 

J.  FfiaoiJSON.  Arch.  Campbell. 

J<^n  Beg  Maecoll*  servant  to  James  Stewart 
pannel,  ased  27  years,  unmarried,  sworn, 
purged  and  examined  ut  tupruj  by  the  sworn 
interpreter,deponefl,  that  the  latter  end  of  winter, 
or  beginning  of  spring  last,  early  in  a  morning, 
the  pannel  gave  a  dram  to  the  deponent,  Don- 
ga! MaccoU,  and  Johu  More  Naccoll,  both 
servants  to  the  pannel,  in  the  pannel's  brew- 
house  :  that  the  conversation  falling  upon 
Glenure,  the  pannel  complained  that  Glennre 
was  no  friend  of  his :  but  that  that  was  not  the 
worst  of  it ;  but  that  if  he  was  to  so  on  as  he 
did,  it  was  likely  in  five  years  he  wouM  be 
laiid  of  Appin ;  and  the  deponent  and  the  other 
two  Maccolls  answering,  that  that  was  likely 
to  happen,  the  pannel  replied,  that  he  knew 
once  a  sett  of  commoners  m  Appin.  who  would 
not  allow  Glennre  to  carr^  matters  with  such 
a  high  band  ;  and  to  which  the  deponent  and 
the  other  two  Maccolls  answered.  That  tliey 
did  not  believe  there  was  any  commoner  in 
Appin,  that  dnrst  contend  or  strive  with 
Glenure  in  such  a  way :  that,  immediately 
thereafter,  the  deponent  and  Dougal  Maecoll 
went  oiH  of  the  brew-house,  leaving' the  pannel 
and  John  More  Maoeoll  there.   Dqiones,  that, 

*  See  the  PaDDePs  Dying  Speech  at  the 
•ndeflheCaM. 


Trial  of  Jama  Siewartf 


[ISE 


after  they  went  out  of  the  hrew-kouse,  either 
that  day,  or  some  time  thereafW,  the  depo- 
nent and  Dougal  Maecoll  talked  tngetkcr^ 
what  the  import  of  this  ceovemtion  might 
be ;  and  that  the  deponent  was  at  a  loss  whe- 
ther to  consider  it  as  an  enconragement  to  de- 
stroy Glennre,  or  as  a  complaint  against  the 
ccmimoners  of  Appin,  as  not  being  so  fkithfvl 
to  the  pannel  as  he  expected  them  to  be.  Do^ 
pones,  that,  in  Marcb  last,  Allan  Breck  Stewart 
came  to  the  pannel's  house,  late  in  the  evenini^y 
dressed  in  a  bloc  side  coat,  red  waiatcost,  wSm 
Mack  shag  breeches,  and  a  feathered  bat:  tlmt 
be  kwked  into  the  khcheu,  and  went  ianiae- 
diately  to  the  room  where  the  pannel  and  hie 
family  were:  that  aflerwarda  he  used  to  go  te 
the  conntrr  to  different  places,  and  eome  fre- 
qnently  back  to  tlie  pannel's  honse:  that  euce 
he  renmmed  there  a  week,  which  is  the  longeal 
time  he  stayed  there  at  one  time.  Depencs, 
that  the  said  Allan  Breck  Stewart  came  te  the 
pannel's  bouse  from  Fasnacloieh  upon  Monday 
the  nth  of  May  last,  about  mid-day,  dreaacd 
as  above:  that,  upon  the  evening  of  the  amd 
day,  the  deponent  saw  the  said  Allan  Bntk 
dremed  in  a  black  short  coat  with  silver  bottow. 
Depones,  that  there  was  two  short  black  ooals 
with  silver  buttons  in  the  pannel's  honse ;  the 
one  belonging  to  the  pannel,  and  the  other  la 
Allan  Stewart,  his  son ;  the  deponent  does  eoC 
know  which  of  them  the  said  Allan  Breck  had 
on.  And  depones,  that  the  coats  were  so  like^ 
that  he  could  not  disiinguisb  the  one  from  the 
other.  And  dep4»nes,  that  it  was  one  of  these 
black  coats  he  hud  on,  the  deponent  having^ 
seen  him,  the  said  Allan  Breck,  near  the 
houses,  in  his  side  clotlies;  and  sohm  tine 
thereafter,  coining  from  the  boose,  dressed  w 
the  said  short  coat,  in  the  evening  of  the 
said  Monday  the  1 1th  of  May,  and  came  where 
the  deponent  and  John  More  Maecoll  were 
covenng  potatoes,  and  wrought  with  them  fbr 
sometime.  Depones,  that,  sometime  tbere- 
afler,  a  young  lad,  brother  to  Glenco,  by 
name  Donald,  as  tlie  deponent  thinks,  eansete 
them,  and  told  that  Glenure  was  come  boeie 
from  Edinburgh,  and  was  to  go  to  Lochaber; 
upon  which,  some  conversation  happeiuar 
about  removing  the  tenants,  Allan  BreSsk  saio^ 
Devil  a  bit  of  the  new  tenants  would  get  poe- 
session,  unless  they  had  a  warrant  to  shew^ 
or  come  in  by  force.  Depones,  that,  when  the 
ssid  Allan  Breck  came,  upon  the  llth  of  May 
last,  to  Aucharn,  the  pannel  was  seeing  the 
deponent,  John  More  Maecoll,  and  I>>anl 
Maecoll,  working  at  potatoes ;  and  that  AlSui 
Stewart,  the  pannel's  son,  was  likewise  there: 
that,  when  Allan  Breck  came,  they  were  sitting 
all  together ;  and  that  he  seated  himself  hy 
the  pannel  and  had  some  conversation  in 
English,  which  the  deponent  docs  not  uuder« 
stand.     Depones,  that  Charles  Stewart,  son  t» 

the  pannel,  and  Stewart,  daughter  to 

Fasuscloich,  came  to  Aucharn  from  Fasna- 
ekNcb,  a  little  after  the  said  Allan  Breck.  De* 
pones,  that  upon  Thursday  the  14th  of  May 
last,  the  pannel  gave  a  letter  to  the  deponenty 


iSS]  ^H^^       ^r  Murder^ 

|iWMif««d  to  Chirlot  SteHart,  notary  pub- 
lie  ■!  Mmrybitrgii  ;  and  totd  Ihtf  iJepoueol^  that 
lis  ktter  ii»tlo  ifuike  or  en  use  the  fiaid  Charles 


\  to  the  country  of  Appin  to  pro* 
GiMiurPi  in  cue  he  had  not  s  suf- 
icMttlwiffiiitt  to  remore  the  l<»»aiii«  of  Ard- 
•nitl.  Oipiwciy  lh«t  the  piimtel  desired  ifte 
tiM  ni«ke  lU  po&siblf  di<|:!i(ch«  iind  dt^ 
rM»  Bfvck  MacGombieat  Kiniulline,  and 
ri  Jubo  More  MitccutI,  ?KTVHrit  to  lUe 
iwlio  was  then  at  KniUilinc,  to  ferry 
Bt  from  RiniulliQe  to  Oiiich,  being' 
mum  Mttrier  lliati  the  ferry  of  Ballacttelish. 
AfpOM*.  llMt  Ibe  |iMiD€l  ^\m  told  him,  tbnt  be 
9M  ia  g«A  n«i»  iiioc»ey  li-om  VVilbamSteHart, 
mmdbmaiLwA  Harybun^h^  to  pay  for  miik-covrs 
I  wen  boi^bt  for  him  in  the  country  ;  and 
I  ii  IIm  uoiittv  was  not  aenti  he  \voidd  not 
»tbftfiii«rs.  ]Jepoo99,  thai  he  waa  terry  ed 
m_  HJMtalboa  lo  Unich,  and  went  on  to  lort 
WM—i»  aii  aol  Glenure  at  the  three-mile 
mmm^  mh^  rnkwA  Ui«  depooent  from  whence 
ba  enocl  Ta  wbicb  the  deponent  ansff  ered, 
*  Ofer  Ketlis.  D«|>oueaf  tbatr 
vrith  Cvientire^tt  serfanl,  he 
barf  aofpB  «aaf artatioa  wiih  him,  and  told  htm 
ba  wm  ^^  ta  Fort  W  i It lu m.  Depones ,  t hat 
ba  a^  •at  frocn  Audiarn  alNjut  7  or  8  o'clock 
ja  Iba  mmmsi^  and  made  all  the  dispatch  be 
1  la  F«ri  il  iitiazn,  where  he  arrived  about 
'aiaalr,  DcfKNiea,  that  irl^n  he  came  to 
WiMiam,  be  dehveriMl  the  letter  he  got 
INai  tb«  f«aoal  to  Williaju  Stewart,  merchant 
l«  MMy%mM\ghn  who  told  hitD,  that  Charlea 
llawait  iba  aolary  waa  not  at  home,  he  bar- 
iaf  fane  to  Ibe  braes  of  Loch  a  be  r  in  the 
aad  told  the  defionent,  that  he,  the 
,  bad  wrote  to  the  panne t  in  the 
Ibai  there  was  a  notary  alnng^ 
>  who  would  lerf  e  the  pannel  aa 
•AaaGleiiiira.  OepoueSf  that  he  does  not 
faaMaiharlbai  be  asked  for  any  money  from 
WHIiMi  Sirwart,  n^  did  be  give  him  any,  but 
miAf  ba  would  tend  aervanti  for  the  cattle 


be  atayed  a  rery  short  lime  at 
WiUiatii :  tbat  the  taiti   n  tlliain  Skew»rt 
if  he  wanted  victuals  ?    Upon  the 
t*a  antwarin^  he  did  not,  the  aaid  WiJ- 
iUgbi  binci  into  hb  liouie,  and  g^ave  him 
1 1   aail  tbe  depooent   imtneiliatety  re- 
hMit  Ipjr  ibe  aboit  road  to  tlte  ferry  of 
I.  aod  IbflMl  Glenure  at  the  terry 
biaa :  ibai  iba  dtfment  required  ot  tbe 
le  ferrv  bim  immediately,  and  the 
daairaa  bim  to  si&y  idl  he  would  be 
f^ilb  Clamire'a  hor^ies  ;  but  the  depo- 
*  la  bitn  that  tbe  stream  \vaa  rapids 
_  aw  aome  time  bffnre  they  woukJ 

9&tf  Iba  batsaa,  be  oui^ ht  to  ferry  him  imme- 
Jattl/,  arbiab  bif  acconliogly  did  ,  and  that 
^m  fljfllt  ba  about  4  o'clock  :  that  u(>ofi  biji 
mmm^.^km  farry*  ba  nit  Archibald  Maciuiah, 
fcrfv  apao  iba  Appto  ude,  lo  whom  be  told 
«hwa  ba  faa4  baan,  ami  bia  errand ;  and  that 
iba  laid  farrjrar  told  the  drpne nt,  that  he  waa 
that  he  wm  i^oiiig  to  meet 
B,  that  were  to 


'.■s: 


A.  D-  1752-  [131 

come  to  Ard!»biel,  bad  come  to  Olenduror  with 
their  cattle ;  and  were  tn  Liikc  po«sessioii  next 
day  ;  and  the  deponent  laid  him,  that  he  dul| 
Doi  believe  tliey  would  get  possesifioa  till  Ibeif  ^ 
warrants  were  seen.      Depones,  that,  a  little 
iherealler,  be  met  Alexander  Stewart  elder  of 
Dallacheliifb,  to  w tiom  he  told  where  lie  had 
been,  and  his  errand,  and  the  cimveraatioa  he 
had  with  the  ferry -man;   and  Ballachelitih  de 
aired  bim  to  tell  bis  master,  if  he  would  send] 
for  bim,  he   would  go  along  uith  him  lo  M0I 
Glenure's  waiTaot     Depones,  that  he  paa 
through  tbe  wood  of  Leitermore,  and  met  i 
saw  nobody  there :   that  he  went  then  homafl 
and  gave  the  pannel  an   account  of  bis  er<*l 
mad.     That  he  was  hardly  an   hour  thera|| 
when    John    Mackenzie,    Glenure's    8ervanl|j 
came  to  the  door  calling  for  tbe  pannel :  thttl 
the    pannel    went   immediately  ta  the  doofpl 
and  aaked  the  aerrant,  what  was  tbe  maltertj 
and  what  news  be  bad  P  To  which  the  Bervavtl 
replied,  The  worst  (  ever  had ;    my  master  m\ 
murdered  in  the  wood  of  Leitermore:    upom| 
which  James  Hiewart  said,  Lord  blaaa  me !  < 
he  shot  ?    To  which  the  servant  aoiweredf  I 
be  was  shot,  and  said  the  pannel  ought  to  go  ' 
and  take  care  of  bis  corpse :  thut  the  serraat 
immediately  went  olT,  but  ueither  tbe  pannel 
nor  any  of  bis  family  went  near  tbe  corpse  ; 
and  the  pannel  said,  that,  aa  he  and  Glenuro  , 
were  not  in  good  terms,  and  some  of  the  peoplo  I 
that  were  to  meet  Glenure  bad  arms,  he  did  I 
not  cai-e  to  go  near  them,  not  knowing  what] 
might  happen.     Depones,  that  his  master  saidt  ] 
tbat  it  was  a  dreadful  aecidcut,  and  was  alraiii  f 
would  bring  trouble  on  the  oountrv  ;  and  ap«  j 
pea^ed  to  be  sorry  for  what  haa  happeneq*] 
Depones,  that,  upon  the  evening  ol  Friday  tli#| 
15th  of  May  last,  the  deponent  and  tlie  said  I 
Dougal  l^Iaccoll  overtook  Katharine  Maccoll, 
servant  to  the  pannel,  going  up  the  brae  abov#  j 
the  house  with  a  sack,  and  tKHnetbing  in  it,  ] 
under  her  arm  ;  and  tbe  said  Dougal  Maccoll  I 
aiked  her,  what  she  had  got  there  f    To  wh* 
she    answered,   That   it    was    Allan    Breok%| 
clothes,  which  she  was  going  to  hide ;  and  sh« 
hid  them  accordingly  in  tl^  deponent's  pro* 
aence.      Depones,  that,  when  tbe  aaid  Allan  I 
Breck  came  first  to  Aucbam,  he  used  to  lie  ia  J 
a  room  tu  the  tower  end  of  the  bouse ;  but  al^l 
terwards  be,  and  the  pannera  sons,  and  anyj 
young  people  that  came  about  the  house,  when 
the  aeaann  was  more  advanced,  used  to  lie  iu  th«  ] 
barn.     Depones,  that,  upou  the  aaid  Friday 
evening   tbe    15th    of    May    lait,    Margaret) 
8tewArt|  tJie  pannePa  wife,  desired  the  de|Mi-J 
oent  and  the  said  Dougal  Maccoll  to  bide  all  j 
the  arma  that  were  abimt  the  house,  as  tbera^ 
was  a  party  of  soldiers  coming  to  tbe  country  : 
that  accordingly  they  took  two  guns  and  threa  , 
BwoLxis,  and  a  fourth  «word  wa*  delivered  to  tba 
deponent  by  Allan  Htewart,  son  to  tbe  pannel ; 
whidi  two  gvns  and  four  :^word8  tbe  deuonaat  < 
and  tbe  aaid  Dougal  Maccoll  hid  to  the  oraa  %  | 
good  way  above  the  pannera  house  ;  and  tlitt  1 
two  guns  in  tbe  clerk  ^s  hands  being  shewn  ta  \ 
tbe  difilimilt,  defiooeai  ibat  tbeia  ware 


135] 


25  GEORGE  IL 


Trial  of  James  SievMrtf 


1136 


9ame  two  f^iins  that  were  hid  as  abore.    De- 
]M>iies,  that  the  Urfj^est  of  tlie  t^uDS,  now  fshewn 
the  (lepooeiit,  was  loaded,  aod  lay  in  the  brew- 
liousi. ;  and  the  deponent  belietes,  that  either 
Allan  Stevrartfthe  pannePs  son,  or  Allan  Breck 
btewait,  charfi[e4l  the  said  gun;  forthedepo- 
iioiit  saw  AlUn  Breck  Stewart  iiave  the  said 
gun  Ronip  time  belore,  and  ^o  with  it  in  order 
to  Nhoot  hlack  locks :  titat  late  on  Thursday 
evenin*;  liie  I4lh  of  May  last,  after  notice  came' 
of  <>}euuti:'s  murder,  the  said  Don^al  Maccoll 
tuld  the  (U*poncnt,  that  the  pannePs  wife  had 
desired  to  hide  all  the  arms  about  the  bouse, 
not  knowiujijr  but  ihat  some  soldiers  mi<i[ht  come 
to  the  country  ;  ufion  which  the  deponent  and 
the  said  Dougal  carried  the  said  loaded  gun 
from  the  brew-houKc,  and  hid  it  umler  the 
thatch  u|ion  the  (Mitsi«l(f  of  the  sheep -house,  and 
carried  three  swords  out  of  the  barn,  and  hid 
them  under  the  thatch  upon  the  outside  of  tbe 
said  Irarn,  Mat^  that  bara  whnve  the  pannePs 
children  and  Allan  Breck  used  to  lie :  that, 
upon  their  being  desired  by  tbe  said  Margaret 
Stewart  next  day  to  hide  the  arms  better,  they 
took  the  foresaid  loaded  gun  and  three  swords 
out  of  the  places  where  they  bad  bid  them; 
and  upon  their  inquiring  for  tlie  other  gun  that 
used  to  lie  in  the  said  barn,  Allan  Stewart,  the 
lianuel's  son,  told  them,  he  had  hid  it  under  the 
lar^cgirnel  in  the  barn,  and  told  them  they 
need  not  stir  it,  as  it  was  safe  enough  there ; 
hut  they  answered,  as  they  were  hiding  the 
Test,  they  would  hide  that  likewise ;  and  ac- 
c<»rdingiy  the  deponent  went  and  took  the  said 
Ktm  from  tlie  trimel,  where  the  said  Allan  told 
him  he  had  hid  ir,  and  concealed  them  all  to- 
gether as  above:   upon  recollection  depones,' 
that  it  was  upon  the  Thursday  evening  the  de- 
ponent and  the  said  Dougal  Maccoll  inquired 
about  the  little  gun  which  lay  at  the  end  of  the 
girnel  in  the  barn,  and  that  the  said  Allan  Stew- 
art, son  to  the  pannel,  told  tbem  he\ad  hid  it, 
as  above,  under  the  girnel.    Depones,  so  far  as 
he  can  remember,  be  did  not  see  the  said  little 
gun  upon  Thursday,  but  saw  it  stand  as  above, 
cither  upon  Tuesday  or  Wednesday  precedin(r> 
and  used  for  some  time  preceding  to  see  it 
stand  in  the  same  place. ,  Depones,  that  it  was 
upon  Friday  evening  the  deponent  took  the 
said  gun  from  under  the  girnel,  where  the  said 
Allan  bad  hid  it;   and  adds,  that  the  reason  he 
did  not  see  it  on  the  Thursday  was,  that  he 
was  from  home  almost  that  day.    Depones, 
that  he  did  nut  see  the  said  little  gun  load- 
edi  since  March  last,  when  the  black  cocks 
were  crouding  ;   that  then  there  was  a  shot 
of  drojis  in  it,  and  the  said  Allan  Breck  car- 
ried it  out  one  morning,   and    told   that  it 
mis-gave  with  him  thrice  at  a  black  cock,  and 
shot  with  it  the  fourth  time  without  killing 
the   black  cock.     Depones,  that  the  brew- 
house,  where  the  said  large  gnn  used  to  lie,  was 
always  locked,  bat  when  people  were  in  it: 
that  the  barn,  where  the  said  little  gun  stood, 
had  a  lock  and  key,  but  waa  not  in  oae  to  be 
locked  since  the  crop  was  renoved  out  of  it, 
whicli  1I9S  at  the  Uw»  tl^  wcrt  dpne  with 


their  oat-seed,  which  was  some  time  before 
May -day.  And,  bein^  interrogate  for  tbe 
pannel,  depones,  that  neither  of  the  guns  were 
in  good  order:  that  the  large  or  loaded  gun 
was  in  use,  when  going  to  be  snapped,  to  stand 
at  half-cock,  and  the  little  gun  was  in  use  to 
snap  or  misiire.  Depones,  that  the  little  guo 
had  an  old  wore  flint  in  it ;  and  that  he  ob- 
served this  flint  in  the  said  gun,  when  he  was 
in  use  to  see  it  stand  at  the  end  of  the  girnel  as 
above ;  but  did  not  observe  whether  it  had  a 
flint  or  no,  when  he  took  it  from  under  the 
girnel  as  above.  Depones,  that  he  knows  no 
fault  the  lock  of  the  little  gun  had,  but  its  being 
in  use  to  misfire ;  and  that  the  lock  was  on  the 
said  gun  when  he  hid  it  the  Friday  evening  as 
above.  Depones,  that  w  hen  Allan  Brock  canne, 
uiKin  Monday  the  11th  of  May  last,  to  the 
place  where  the  pannel,  deponent,  and  others, 
were  covering  potatoes  as  above,  they  had  sit 
together  but  for  about  a  quarter  of  an  liunr; 
the  deponent  went  to  work  at  potatoes  at  a 

greater  distance,  and,  before  he  went  away, 
card  a  message  had  come  for  his  master,  to 
meet  Airds  at  KMl,  and  lieard  his  master  speak 
of  going  there ;  but  when  be  went,  or  wlio 
went  along  with  him,  the  deponent  does  not 
know :  that  the  deponent  continned  working  at 
the  potatoes  till  the  evening,  and  the  pannel  was 
not  come  home  when  he  came  from  bis  work : 
that  the  pannel  came  home  at  bed- time,  ac- 
companied with  John  More  Macilichattan,  who 
lay  with  the  deponent  that  night.  Depones, 
that  it  was  a  while  after  (the  deponent  cannoC 
say  how  long)  the  pannel  parted  tVom  the  de« 
ponent,  and  the  other  people  that  wrought  at 
the  potatoe-ground,  that  Allan  Breck  came 
dressed  in  the  black  short  coat  as  above,  and 
wrought  with  them  at  the  potatoes.  Depones, 
that  they  all  got  up  t(»gether,  atter  the  sahl 
Allan  Breck  came  to  them,  and  sat  with  them 
as  above ;  and  lie  thinks  the  pannel  went  then 
towards  the  house.  Depones,  that  Allan  Breck 
and  the  pannel  were  in  use  to  converse  to- 
cher, sometimes  in  English,  and  sometimes 
in  the  Irish  language.  Depones,  that,  when 
be  went  to  Fort- William,  with  theabove  letter, 
to  Charles  Stewart,  the  notary,  he  had  no 
orders  from  his  master  to  inquire  after  the  mo- 
tions of  G tenure,  or  to  acquaint  any  body 
thereof.  Depones,  that  he  never  saw  the  said 
Allan  Breck  Stewart  change  his  clothes,  and 

5ut  on  short  clothes,  at  any  time,  at  the  said 
ames  Stewart's  liouse,  before  the  said  lltb  of 
May ;  but  that,  as  the  deponent  best  remem- 
bers, at  the  time  the  said  James  Stewart  waa  »t 
Edinburgh,  he  saw  tlie  said  Allan  Breck  dressed 
in  a  black  short  coat,  a  dun  liig  coat  which  the 
deponent  thinks  belonged  to  Allan  Stewart,  the 
pannePs  son;  and  he  heard  the  Mid  Alka 
Breck,  or  others  about  the  house  say,  that  he 
was  then  going  to  RaniMich.  Cauia  Mcientim 
paieL  And  this  is  truth,  as  he  shall  answer 
to  God ;  and  depones  be  oannot  write. 

p.  GiUkt.  Aub.  CAMraiy.. 


m 


for  Murder. 


A.D:  iV^'i. 


flSS 


hftprnii^  in  {r^Qernl  Pulte- 
■f^**   r«|riment    u1    ((Kit,  ritArried,   ngeii   52*  ' 
^tOMai  eitnl,   iiwori»,    jiurt'CMl   ami   cxammeil  • 
tl  mprm^  iftefMnies,  that,  i1|mti  the  *J3(I  of  May 
Imi,  lie  wms  1   by   Mr,  Campbell  ot 

BaraldiM,   tl  %irrre  some  nrm^  bid 

"     r*  I  '  ' ' nnoepB  fioiise;  imd 

■  *^'  n  llir  (luragrapb  of 

I   "  l«o  conjrnantls 
ikt  rvftvtftt  lit  t)t  l)diini^«4, 

i^MM4  U»    (  I  .    !u  the  tuloitrl 

^Mtrft)  tSie  firponent  to  ^o  m  fenrcU   of  such 
•!«&.     f^ccvritmgly   Ibe   tlrponent  wpnt   tbat 

awrilh  ApftHy,  *ml  Uwk  riloo^  with  biin  Mr. 
kk  CtmbO^W  M*  Auebfiiiiiculbm,  to  ibiect 
9  ?M«;  ttail,  vvben  tbvy  came  to  a  bilt 
f  tbe  iMonrPii  house,  Mr.  €anipf»f!ll  touml 
'"ma  bill  4iliof*!  the  )>annel'5  bou&e 
|f»i»  futMlcvti  ant)  tour  broad -swords,  wbt'reof 
bftvitt^  uif nr  I     '     '  ir  tit,  the  deponent 

wwd    aad  -  u  out.      Arul    the 

I  *ir  *.i^  r^,  ijt'>»  IN  ibe  clerk's  hdnds, 
«li«^ii  m  the  depnnent,  drpooes,  that 
m?  itir  f rry  same  iDzeeu  be  saw  taken 
xfbffiBui;  and  depciitt^ii,  that  tbe  br^'ert 
!■«<»  furies   IV as  toaded,  and  the  other 
M;  aAit  ib.i^  ilraMD  the  shc^t  of  the 

_|Bii|rr1  pii^c  1 1  to  be  lunded  with  small- 

means  drops  and  small  shig 
and  it  appeared  to  the  dt^po- 
jt|  uiiloadfd  piece  had  been 
NIC'    ptit    his    finger  in   the 
p  brought  out  black.     And, 
for  the   panoelf  whether  a 
ittctt  »»  I  aid  by  foul,  will  not,  after  a 
'•  lime,  (lie  nne*s  finger,  when  put  in 
Rifncatltfof  it,  as  well  a»  when  it  has  beep 
f  drpones,  hecannnt  leU^  not  being- 
i    I**    M#»t'  arms  nsed   so.     And   de- 
piHK,tl  >d  unbi»ded  uiece  bad  a  Uick 

«!■•**'  <(>e;  but  wbicb  bad  only  one 

wttfm'^^tt  m  It.  But  deponei,  that  a  ^un, 
iMftfltfa  Irtck  With  mm  »crew-uail,  may  be  6t 
mmin  to  b«  fired  with;  and  adds,  that  that 
ffvnftff  tin*  lock  wanting;  tire  nait^  was  tied  lo 
^^  y   a  itrin^f,       I>ppoiie«,  that  the 

f*<  /eea,  were  carried  abiu^  lo  Fort- 

Wk-u4ii.   v*hrre  the  di'tuMunt  delivered  them 
l»  thtt  adjutant  at  I  on  Wdbatn  ;  and  does 
Ity  what  m*:  lid  loek  upon 

I  |fa0ce«  BOW  vd8  lost ;  btii 

If  to  bate  U't'K    uy  >i»€Klenl,     Cauia 
jmitt.    And  thU  ts  irutli,  an  he  shall 
l«God.  (Signed) 

Ja.  Puioeacm.  D.  CriApEAcr. 


afvil 


•  I    Ancbtnsicallan^  mar- 
wilnei6%   cih^d,  !»worn» 
u t  tnpta^  depotiCHf  That 
,  bt:  thinks  on  the  TSd, 
iiipeau  to  go  along" 
..cli  of  amif  ;  and, 
%*,  above   the   punners 
<0r  Ai»r  ilepontnt  di««overed  two 

in  #  t  (HI   be  immediately 

Uic  '  ^:i«  with  him,  vibcn 

taknii  mik  vi  uic  covc  ;  9*  aUo,  tbere 


wnt  also  thffe  three  or  four  broad -iworda.  De- 
pones, that  one  of  the  ifuna  was  b«  litier  than  ' 
th**  t»thpr;  «nd  the  bfibti'St  gun  had  a  ktick 
bid  fiUin*(  the  lock  tii'd  by  a  hUma  about  thfr 
stock  :  but,  whether  the  said  loik  had  any 
Bcrew-njiil,  or  not,  he  does  not  remf  mber ;  anil 
lljiil  ihese  arms  were  carried  a*>uv  by  captaia' 
Chapean.  Depone!;,  that  the  ]i|r|»u^t  of  (be 
said  two  uun^  was  unloaded,  and  the  bcarieat 
louded  :  that  he  saw  the  shot  of  the  loaded  gun 
drnwn,  which  consisted  of  drops,  with  some 
siuhU  ttliiuf  among-  them,  Depoues,  that,  tn 
order  to  knuw  whether  the  unloaded  pifce  bad 
been  lutely  fired,  severals  put  iheir  fing^er  in  < 
tbt*  muitzle  of  it;  and  particularly  the  depo- 
nent ;  Htid  tlu'  \m\*er  comiusf  out  black,  ht-,  and 
the  rest  uiih  him,  fiom  thence  concluded,  ibar 
it  hnd  been  lately  fired.  And»  beioff'  interrogate  i 
fur  the  pannel,  m  betber  a  musket  that  has  been 
laid  by  fuul,  ut^ter  firincTt  ^vill  not,  in  like  man- 
ner, f^te  a  man*!*  hni^ev  put  in  the  mosezle  of  itp 
after  it  has  been  tiied  a  month  or  longer  be- 
fore ?  depones,  that  he  n€?er  made  thai  trial 
upon  a  s^un  that  he  knew  to  have  been  so  louj^ 
betbre  tired.  Cau$a  scicntitt  patet.  Aadthii 
is  the  truth  as  be  shall  answer  to  God. 
(Signed) 
J  A.  FEacnsoN,  Pat,  Campbell. 

Wiltifim   Stewart  inerchtnt  in  Maryburgh» 
aged  thiriy-sijc  years,  married,  sworn,  purged  < 
and  examined  ut  supra ;  and^  beingf  shewn  d 
letter,  <laled  at  Maryborgh  lbe'l4tU  of  May 
last,  signed  William  Stewart,  and  addressed  on 
the  back  to  the  pannel,  beincf  the  writing  num- 
ber 10,  tn  the  inventory  subjinned  to  the  lil>el  ; 
depones,  That  the  letter  is  of  bis  hand- wnlinf>,  1 
and  was  subscribed  by  him,  and  sent  to  Ibfi*' 
[lanneli  of  the  date  it  bears,  by  Ewan  Macken- 
zie, a  common  carrier  in  IViirybnrgb.     And, 
beintf  alsn  shewn  a  letter  dated  at  Aucharn  tjie  * 
1 4th  of  i^Iay  last,  eight  o'clock  in  the  mornincr, 
sig'ned  Jame^  Stewart,  and  addressed  on  the  , 
back  to  Mr,  Charles  Stewart,  writer  at  Aucbin- 
tour,  depones,  that  the  said  letter  was  wrote 
by  the  pannel,  and  sent,  of  the  date  It  bears,  by  \ 
John  Beer  Maccoll^  and  in  absence  of  the  satd^ 
Charles  Stewart,  who  was  not  then  at  Mary* 
bur^h,  was  delivered  by  the  said  Maccoll  in  I 
the  deponent,  who    broke  it  open,    and  told 
Maccoll,  that  Charles  8rewart  was  not  Ihen  in  ] 
Marybiirgrh,   but  that  he    esrpected  him   thai 
nif^ht,  but  thought  that  he  cnuld  not  go  alon^ 
with   Maccoll :  ihat  Maccoll  asked  the  depo- 
nent, if  be  should  wait  for  htm,  or  go  after  biro  F  I 
The  deponent  answered,  it  was  needless  ;  for,  I 
if  Charles  Stewart  could  go^  be  would  take  m  ] 
boat.      And,    being    interrogate    whether    ht| 
wrote  any  answer  by  John  Maccoll,  or  if  h%\ 
gave  him  any  verbal  answer  to  the  post^ript, ! 
wherein  the  pannel  wrote  to  Charles  Stewart,  I 
to  tell  the  deponent  to  send  him  eight  pouudi  I 
iiterlmg  ?    depones,    he    gave   no   answer   iit  ] 
writiiiLf  ;  and  thinks  be  did  not  give  any  verbal  I 
answer,  if  it  was  not,  that  he  bid  him  tell  bi^J 
master  be  was  not  in  cash,  which  was  the  cafe«  T 
And   deponesp  thai  the  deponetit  w  ta  htmsetf  ' 
X 


mi 


25  GEORGE  11. 


Trial  of  James  Stewartf 


[140 


intended  by  Uie  William  in  the  postscript 
D«{)ODes,  that  Maccoll  did  not  stay  three 
minucea  with  the  deponent,  when  he  went 
away.  Deponea,  that  the  next  day,  being 
Friday,  or  the  day  thereafter,  the  deponent 
had  a  message  from  the  pannel  about  ten 
o'clock  forenoon,  or  betwixt  ten  and  tweke,  by 
Alexander  Stewart,  packman,  who  told  the  de- 
ponent, that  he  was  sent  by  the  pannel  to 
Glenevis,  and  was  ordered  in  his  wair  to  call  at 
the  de(H>nent  to  send  the  pannel  fire  pounds 
sterlinflf ;  and  that  his  errand  to  Glenevis  was, 
to  desire  him  to  send  for  a  horse  that  he  had 
bou((ht  from  the  pannel :  that  the  deponent 
told  the  packman,  that  he  was  not  in  cash,  and 
could  not  send  the  five  pounds  ;  upon  which 
the  packman  said,  that  the  five  pounds  was  to 
relieve  some  cows  that  the  pannel  had  bought 
for  the  deponent  at  Ardshiel ;  and,  if  the  depo- 
nent did  not  send  the  money,  he  could  not  get 
the  cows :  that  the  deponent  said,  he  was  indif- 
ferent, but  bad  not  the  money  to  send  ;  upon 
which  the  deponent's  wife  desired  the  packman 
to  go  forward  to  Glenevu,  and  to  call  there  in 
Ilis  reloro,  and  he  Hould  get  the  money,  lie- 
cause  they  couM  not  conveniently  want  the 
cows  :  that  the  packman  accoidingfly  went 
mway ;  and  the  deponent's  wile,  as  she  after- 
wards told  him,  for  he  was  not  present,  gave 
liim  three  guineas :  that  the  deponent  is  sure 
the  money  was  not  giveaon  a  Sunday,  and 
thinks  it  was  on  a  Ssturday ;  and  therefore 
believes  it  was  upon  Friday  the  15th  that  the 
packman  first  called,  the  deponent  being  cer- 
tain that  a  night  intervened  betwixt  his  calling 
and  getting  the  money.  Depones,  that  he  had 
no  conversation  with  the  fMickmatt  touching 
AUan  Breck  Stewart,  whose  name  was  not 
mentioned  b^  either  of  them ;  but  tlie  deponent 
asked  him,  if  be  had  come  by  the  road  where 
that  unkicky  murder  of  Glenure  had  happened  ? 
And  the  packman  told  him,  he  did;  but  the 
deponent  did  not  ask  htm  who  was  suspected 
for  it ;  nor  bad  any  otlier  oonvemtion  on  that 
aobject,  there  being  a  great  many  people  pre- 
sent in  the  shop  at  the  time.  Depones,  that 
the  deponent  received  two  of  the  oowa  about 
eight  or  ten  days  after,  and  other  two  he  did 
not  g^  at  all.    And  being  interrogate  for  the 

ennel,  depones,    that,    upon   AUan   Brack 
Bwart's  first  coming  to  this  c 


country,  which 


was  in  the  month  of  February  or  March  last, 
the  deponent  saw  him  at  tidinburgb  :  that 
thereafter,  upon  the  Ist  of  May  last,  the  depo- 
nent happenng  to  be  at  the  pamiel's  house, 
Allan  Breok  Stewart  came  there  from  Rannoch, 
and  was  dreased  in  a  short  black  coat  with  cleer 
buttons,  such  as  these  now  lying  in  the  court. 
Depones,  that  when  the  deponent  saw  Allan 
Breck  Stewart  at  Edinburgh,  which,  he  thinks, 
was  in  Fcbmary,  be  told  the  deponent,  that  it 
was  then  but  three  or  foor  days  sanoe  he  arrived 
frons  France.    Depones,  that,  at  that  time. 


AUao  Breck  Stewart  waa  dreased  in  k>ng 
olethea,  a  blue  eoat,  aad,  aa  the  deponent  think^ 
a  red  vest,  a  hat  feathered  m  the  iande.  De- 
Ihtti  wbfB  the  daMBem  wm  at 


1 


pannel's,  the  1st  of  May,  Charles  Stewart  waa 
there  also,  in  order  to  go  to  Glenure,  and  inti- 
mate a  sist  that  hail  b^n  obtained  in. name  of 
the  tenants  of  Ardshiel,  upon  a  bill  of  suapenaion 
of  a  removing  against  tnem.  Depones,  that 
Allan  Breck  Stewart  told  the  de|ionent,  that  ho 
had  been  a  soldier  in  the  kind's  troops  at  the 
liattle  of  Preston ;  and  he  thinks,  he  said,  it 
was  in  Lsscelles'  regiment,  but  is  not  positive, 
uhelher  it  was  Lamsellcs' or  Murray's.  And 
depones,  that  thereafter  he  was  in  the  rebel- 
lion. Depones,  that,  when  he  was  at  the  paa« 
nel's  house,  the  Ist  of  May,  as  aforesaid,  Im 
did  not  sleep  within  the  pannel's  boose,  and 
seemed  to  be  on  the  watch,  lest  he  ahoukl  be 
searchetl  for.  And,  beinjg  interrogate,  whether 
Allan  Breck  Stewart  did  not  then  lie  in  the 
barn,  and  some  of  the  pannel's  ehikiren  with 
him?  he  saya,  it  is  very  probable  he  might; 
but  the  deponent  knows  nothing  of  it ;  for  the 
deponent  saw  him  next  morning,  and,  he  thinks^ 
breakfasted  with  him  at  the  pannel's  houaa. 
Depones,  that  the  deponent  is  first-conain  te 
the  iiannel,  and  also  Wm  brother-in-law.  De- 
pones, that,  before  Charles  Stewart  went  with 
the  tenants  to  Gleniire's  house,  upon  the  let  ef 
May,  the  deponent  heard  the  pannel  say  to  the 
tenants,  that  they  might  go,  or  not,  aa  they 
thought  proper ;  but  he  would  be  far  firom 
advising  them.  Causa  $ci€ntim  patet.  And 
this  is  truth,  as  he  shall  answer  lo  God. 
(Signed) 
P.  Grant.  Willum  StsmuSb  ■ 

Barbara  Watt,  spouse  to  William  Stewart^ 
merchant  in  Maryburgh,  aged  twenty-eiglkt 
years,  aworn,  purged  and  examined  ui  svprc, 
depones.  That  the  day  immediately  after  the 
murder  of  Glenure,  about  mid-day,  Alesandir 
Stewart,  packman,  brought  the  depooeH'a 
husbaud,  the  preceding  witness,  a  aieangB 
from  the  pannel,  to  aejid  him  five  poimda  atei^ 
ling,  to  pay  for  some  cows  that  the  pannel  bed 
bought  tor  him  :  that  the  deponent's  fanaband 
was  angry  at  the  message,  and  said,  that  he 
had  not  then  the  money  to  give,  having  given 
away  aome  money  that  morning;  hot  that 
though  be  bad  it,  he  would  not  send  it ;  nod 
the  packman  answered,  that  he  waa  a  snffidaal 
but  himself  for  all  the  sum,  though  the  pannal 
bad  not  aent  for  it:  that  the  packman  told  «t 
the  aame  time,  that  he  was  goin^  to  Olcnefii 
on  aome  message  from  t ' 
horse;  therefbra  the  ' 
desired  the  packman  t 
from  Glenevis,  and  he  would  get  the  moneys 
for  that  they  behoved  to*  have  the  oet^  to 
stock  a  farm  they  had :  that  thia  ounfSfin 
tion  happened  in  the  deponent'a  ■boo,  when 
several  other  persons  were  present.  DepoQfli, 
that,  next  day  in  theafVemoon,  the  denoiiMit^ 
husband  not  being  then  at  home,  the  ilepeneBl 
met  the  padcman  in  the  street  of  Marybuigh, 
and  happening  to  have  three  guineaa  tben  in 
her  fiMrae,  ahe  gave  them  to  himthere  in  ikm 
street,  and  called  her  servant-maid  to  be  wil- 
ims»  beoeae  Jthm  wee  Bo.lattcr  ^^Mfctlw  pw 


ne  was  goinr  lo  uncnevw 
Mnthepaond  touching  • 
I  deponent  imerpoeed,  and 
I  to  call  there  in  hia  return 


fw,  OOP  i^cdipi 
Ml  iiMwrr  lo  G«(], 

P.  GlA*^. 


J&r  Murder* 

grren  by  the  jmcfrrrmrt. 
Ami  ibts  is  truth,  »9  she 

JURQAftA  Watt, 


Stfwart^  trflTeHins^  packman  in 
ihirtVi  iTiimflrried;,  witness  cited  J 
amirm^  ■■■■♦il  taid  examinrd  vf  rupra^  by 
Ai^Mh  Campbell,  writer  in  ItiTerary,  f^worn 
iMvpiiicr  ^mvnif , ilrpooes,  That,  upon  Friday 
teUifc  tlif  of  May  f«^,  nhout  twelve  o'clock, 
^JHWl  iioir^  me  il«fM>neDt  to  ^o  to  Fort- 
t  WilfifttB  Stewnrt,  merciiant  there, 
I  him  fire  ponnth^  or  fife  guineas  ; 
fbe  Hepooent,  thui  his  triend  Allan 
t  to  leave  the  conntryf  a9  there 
liiw  into  it,  am!  that  he  might 
f  of  Glefiure*a  murder  ;  and  thtit  it 
t  upon  him,  the  itannel,  to  soppty 
I  Breck  in  money ;  and  the  pnn- 
mI  ^Mirtd  tlMilepODent  to  leirthesaid  William 
,  that  be  osoBt  srnd  him  money,  though 
"*  bvTVw  it  tWmi  twenty  purses;  and 
I  afao  to  tell  the  said  William  to  give 
ia  Htfm  pounds  sterhng  to  John  Breck 
"  '  an^  to  Appin  a  I  Koafisnacoaii, 
f  he  ramr  to  demand  such  a  sum  ;  and 
i  de-ftred  llje  deponent  to  deriinnd  tour 
"nft  more  from  tlie  said  Witliam, 
Cbt  pHee  of  ft  couple  of  mi  Ik -cows  boug^ht 
iirliiio.  Depootes,  that^  in  eonseqitence  of  the 
he  went  to  Fort- William, 
1>e  irr-  fy  in  the  cvenlugr:  that 

t  tfcff  »^  )  Stewart^  and  dem ander) 

I  biiD«  for  Hit;  use  of  the  pannel,  the  two 
r  ilarf^-ineiitioned  :  that  the  said  W  iMiam 
I  Mat  be  bftd  not  money »  but  desired  the 
;  la  go  lo  Glenens,  and  that  he,  ihc 
I  Wnfiaen,  had  tM.^tr.^*:.  t©  uieneti!!^  would 
liitltlffi  ilrponrni  the  moniing^,  and 

l^banrbaemnd.  i '  ^  ;  i^h.  thxt  tlie  pannel 
inra^tbe  deponent  to  trti  iiie  said  William 
r  l»  amd  notice  lo  Glpnevisr^  that  he 
for  a  Ft«med  honte  GlrneTis  had 
the  pan  net  J)fpf^ttr<r,  that  he 
««DII»  tltco^rif,  where  he  out  sun - 

«t,  tad  a&Ayed  three  the  »a  h  oij^ht: 

Aa^  i0  the  aaid  Wiilinm  did  nut  come  there 
iMvitj^  HHimmft.  Hie  Iflth  dav  uf  May  la^t, 
AtAfptociit  V  n  r;  to  Port^WiHiHm,  and 

tmUmaalci  Stewart  upon  4 lie  street, 

1(1  III  It  um  answer  was  ready  ?  that 
f  Willram  Mid,  that  be  would  lei  him  go 
J,  feodwinil  i'*'^"  *  ■     '^-sn  house,  and 
^  tbarealUr  .irt,  ipouae  to 

i  W(nt«iii,€amr  u  u.   ...  .,  and  gate  the 
I  lhr«*  gwooui.  with  uhich  the  depo* 
Lttck   imnjrtll;ik'U  to   Auchara,  and 
liesaid  Hatur- 
Lij  he  came  to 
iicit  at  home;  but 
rt»al,  tioTrCf-  came, 

'  ^'JU, 

af 


^aiir  tlie  orp 
tatlis  lanacl,  mild 
'     liriAOcicfi 


I  a  ^fiari«r  ol*  a  iPiile  Umn  Auctt^in .  that, 
8w  ■  aoir  te  f>,  1 19,  of  tUit  ? (dinoe. 


A.  0.  nss. 

rmSmtmty  upon  Ihia  nottoe,  Mrt, 
the  pann^l'a  wrfe,  and  the  deponent,  went  tti'^ 
Inshaiif,  and  by  the  way  tlie  deponent  offeretj' 
the  three  guineas  he  had  brou|;ht  from  Port- 
William  to  Mrs-  Sicivart,  but  she  desired  him^' 
ro  keep  them  :  that,  upon  their  arrival  at  IqV 
shntg,  ihey  found  the  pannel  a  priaooer;  but. 
Mrs*  8tewirt  and  the  rloponent  baring  had  ao' 
cess  to  converse  with  the  pannel  apart,  the  pan^ 
uel  asked  the  deptment,  what  money  hebroucrhf 
from  Fort- William?  and  upon  the  deponent'4" 
telling  him,  that  he  brought  three  guineas,  the 
pannet  pulled  a  green  purse  oat  of  his  pocki 
out  <»f  which  he  took  two  gt]iD€its,aDd  gave theni 
to  I^Int.  Htewart,  and  Mrs.  Stewart  delivered  tb 
two  guineas  immediately  to  the  deponent ;  an^ 
the  pannel  desired,  that  the  ttve  gaineaa  shouW 
be  sent  to  that  unhappy  man^  meaning  Allad 
Breck,  to  see  if  he  could  make  his  escape 
and  pitched  upon  the  deponent  as  a  person  Ina 
should  go  with  the  money  ;  and  does  not  rcJ 
member  positively,  that  the  pannel  spoke  abou'^ 
Allan  Breck ^s  clothes  :  that  soon  ihereafler  th( 
pannel  nas  carried  off  by  a  parly  to  Forl*Wil* 
liam,  and  the  deponent  returned  to  AucharW' 
with  the  pann*  Ps  wife :  that  the  partv  and  pan-  ' 
riel  called  at  Auchnrn,  and  took  a  a  ram  ;  ati^ 
upon  their  going  off,  Mrs.  Stewjirl.the  panned 
wife,  io»il  iht'  deponent,  that  he  must  go  U 
Allan   Hreck  with    the  (i»e  guineas  and  hr 
clotht's  ;   uud  upon   the  deponent's  inquirini 
where  he  would  find  him?     Mrs.  Stewart  tol 
him,  (hut  he  would  cast  up  in  Koarisoacuatil 
Depones,  that,  ^ome  time  after  night- fall,  th( 
deponent  got  his  supper  at  Aucharn,  and  hov 
soon  he  was  done  eating,  Mrs.   Stewart,  tK( 
pannel's  wife,  carrieil  the  deponent  to  the  bad 
uf  the  brewhouse,  where  there  lay  a  sack,  om 
of  which  the  said  Mrs.  Stewart  took  a  blue  sid 
coat,  red  wui*>tcoat,  black  breeches,  a  hat,  am 
!«ome  shif  Is  all  which  she  delivered  to  the  6i 
ponent,orderin5j  him  lojjo  with  theclothesai 
money  lo  Koaliauacoan  immediately,  and  d 
liver  them  to  John  Breck  Maccotl,  boumap 
Appin,  if  he  did  not  meet  Allan  Breck  hiinself^ 
Depones,  that  the  said  Mrs.  Stewart  directed 
the  deponent  not  to  carry  the  riolhes  lo  Jobti 
Breck  MaccoU's  house,  lest  any  body  tpighi 
Kee  them.     Drpones,  that  be  declined  going, 
and  told   Mrs.  Hir^wart   that   she  might  send 
some  other  peruon,  and  I  hat,  at  any  rate,  he 
dill  not  chuse  to  go  alone  in  the  night-ttme; 
but  that  Mrs.  Slrwurt  inMitted  uiwn  his  goings 
telling  there  was  no  4'tlicr  body  kbe  could  send» 
»n  tkjth   her  servants  were  ^0T>e  to  Fort*Wil- 
iiam,  and  dpsired  ihe  deponent  to   carry  his 
aister^  Marg^aret  Stewart,  a   part  of  tke  w«y 
with  him:  that  accordingly  the  »uid  MMrgaret^ 
\m  sister  went  along  with  the  de]>ou(  ut  bs  farai 
Larich  in  Olenco,  where  bhe  piirtt-d  «uh  htn 
about  daylight  Sitoday-moriijng:  that  there 
afler  the  depoornt  trav(*lfed  alone  to  Koalisna- 
cotin,  and  lefv  the  clothes,  as;  directed,  at  the  root 
of  a  lirtree,  at  somi;  distance  troin  the  houses  ; 
and  as  the  depoitent  tvas  going  to  the  hou!»e,  he 
met  said  John  Brei  k  !\IaccoI1,  and  asked  him  if 
Allan  Breck  f*as  tlKfrr?   And  upon  hi*  deny- 


s 


US]  25  GEORGE  II. 

10^  that  he  was  there,  the  depoiiuut  ex|)re&scd 
■omG  Kurpi'ise,  and  told  that  he  was  sent  with 
money  and  clothes  to  him  ;  told  from  whence 
he  came,  and  how  he  g^ut  iiie  money  and 
clothes  ahove-mentiooed ;  uiion  which  the  said 
John  Breck  Maccoll  told  the  deponent,  that 
Allan  Breck  was  in  the  heugh  of  Corryna- 
keigfh,  above  the  house  of  Koalisnacoan  ;  and 
if  the  deponent  inclined  to  see,  the  said  John 
Breck  Maccoll  directeil  him  to  i;o  to  a  hill 
above  the  houses  and  whistle,  and  that  the  said 
Allan  Breck  would  come  to  him  :  that  the  de- 
ponent answered,  he  hod  gone  far  enoui|;h  after 
the  said  Allan  Breck  already,  pointed  out  to 
John  Breck  where  he  had  Ictt  the  cloihrs,  and 
ave  him  the  five  guineas  to  be  given  Allan 
(reck.  Depones,  that  he  went  to  the  said 
John  Breck's  house,  where  he  slept  for  some 
time,  and  thereafter  dined  with  the  said  John 
Breck  at  his  house.  Depones,  that  the  said 
John  Breck  Maccoll  told  the  de|M>nenf,  he  did 
not  knaw  how  the  said  Allan  Breck  could  leave 
the  country,  as  he  had  no  victuals,  and  he,  the 
said  John,  bad  none  to  give  him,  and  desired 
the  deponent  to  go  to  Mrs.  Alacdonald  of 
Glenco's  house  at  Infer,  and  get  a  peck  of  meal 
for  Allan  Breck's  nse,  which  the  dvpouent  re- 
fused. Depones,  that  the  said  John  Breck 
Maccoll  told  the  deponent,  that,  unless  he  had 
come  with  the  money  and  clothes,  he,  the  said 
John  Breck,  would  nave  been  obliged  to  go  to 
Fort  William  for  money  to  the  said  Allan 
Breck.  Depones,  that  he,  the  deponent,  came 
back  to  Aucharn  upon  the  evening*-  of  the 
Sunday  the  17th  day  of  May  last,  and  ^he  pan- 
nel's  wife  asked  him  if  he  had  seen  Allan 
Breck  P  And  upon  his  answering  he  had  not, 
and  telling  that  Allan  Breck  was  at  Koalisna- 
coan, though  he  had  not  seen  him,  and  that  he 
had  given  the  clothes  and  money  to  John  Breck, 
she  appeared  satisfied.  Depones,  that  the  said 
John  Breck  Maccoll  desired  the  deponent  to 
conceal  his  carrying  the  clothes  and  money  to 
Koalisnacoan,  as  alM>ve  ;  told  him  that  he  could 
DOt  prove  it  against  him,  and  that  he  could 
safely  depone  he  did  not  deliver  the  clothes  to 
him,  since  he  only  pointed  out  where  they  were. 
Causa  scientist  patet.  And  this  is  the  truth,  as 
he  shall  answer  to  God.  And  declares  he 
cannot  write.  And  further  depones,  that  he 
is  a  distant  relation  of  the  pannePs,  though  he 
cannot  tell  the  degree :  that  his  father  lives  ai 
a  (juarter  of  a  mile's  distanoe  from  Aucharn ; 
and  that  he,  the  deponent,  used  t'l  be  often  in 
the  pannel's  house.  And  this  is  also  truth,  as 
he  shall  answer  to  Goil.  i 

(Signed)  j 

P.  Grant.  Archibald  Camfdkll.  ! 

John  Breck  Maccoll^  bouman  to  Appin  in  j 
Koalisnacoan,  aged  forty  years,  married,  I 
sworn,  purged  and  examined  ut  supra^  by  the  i 
above  Mr.  Archibald  Campbell,  sworn  inter-  j 
preter,  depones,  That,  U|>on  the  afternoon  of , 
Saturday  the  IGth  day  of  May  last,  as  the  de-  i 
ponent  was  in  a  fir -bush  near  Aldavoim,  at  the 
lb«t  of  the  heugh  of  Corrynakdgh  iu  Koalis- 


Tjial  of  Jama  Stetoart, 


[144 


nacoan,  he  heard  a  whistle ;  and  apon  looking 
up,  saw  Allan  Breck  Stewart,  at  a  little  dis- 
tance, beckoning  to  the  dc|KMient  to  come  to* 
wards  him  ;  which  he  did :  that  aflec  saluta- 
tions,  the  deponent  told  him,  he  was  airaid  it 
was  no  good  action  that  occasioned  his  beiog 
in  such  a  remote  place,  and  at  such  a  distance 
from  any  common  road :  that  Allan  Breck  an- 
swered the  place  was  not  very  far  from  a  com- 
mon road :  that  the  deponent,  having  heard  the 
day  before  of  Glennre's  murder,  charged  Allan 
Breck  with  being  guiUy  of  it:  Uiat  Allan  Breck 
asked  the  fleponent,  what  he  had  heard  about 
the  muider  ?  That  deponent  answered,  that  be 
had  seen  no  iierson  from  the  strath  of  Appin ; 
but  that  two  poor  women,  that  had  come  op 
Glcno,  were  telling  that  Glenurc  was  mur- 
dered Tiiurstlay  evening  in  the  wood  of  Letter- 
more,  and  that  two  people  were  seen  going 
from  the  place  where  he  was  murdered  ;  ami 
that  he.  Alia*!  Breck,  was  said  to  be  one  of 
them :  that  Allan  Breck  answered,  he  bad  no 
concern  in  it ;  and  that,  if  his  information  wis 
right,  there  was  but  one  person  about  the  mur- 
der ;  and  that,  as  he  was  idle  in  the  country, 
he  was  sure  he  would  be  suspected  of  it ;  bst 
that  that  would  give  him  little  concern,  if  he 
had  not  been  a  deserter,  which  would  bear 
harder  upon  him,  in  case  he  was  apprehcudeil, 
than  any  thing  could  be  proved  agiiinat  hini 
about  the  murder :  that  the  deponent  did  not 
believe  him,  when  he  said  he  had  no  hand  in 
the  murder  of  Glenure  *,  and  not  caring  to 
press  it  much  upon  him,  told  him,  that,  as  he 
was  alre:idy  suspected,  it  was  dangeroua  to 
have  any  intercourse  with  him,  and  pressed  him 
(o  leave  tlie  place,  Icbt  he  shotdd  bring  the  de- 
ponent and  his  family  to  ti*ouble  :  that  Alba 
Breck  said,  he  did  not  doubt  hut  the  family  oi 
Ardshiel  would  be  suspected  of  the  muraert 
and  it  was  probable  the  [uinnel,  and  Allan 
Siewart  his  son,  might  be  taken  into  custody 
about  it ;  and  that  he,  Allan  Bieck,  was  afraid 
Allan  Stewart  the  pannel's  son's  tongue  was 
not  so  good  as  his  father^s ;  by  which  words 
the  deponent  understood,  that  Allan  was  easier 
entraj-.ped  than  the  panuel  ;  and  the  deponent 
still  mbisting  upon  Allan  Breck*s  leaving  that 
neigh bourh(N>d,  the  said  Allan  Breck  told  biiD, 
he  would  not  leave  the  town  for  eight  days,  un- 
less some  necessaries  he  expected  came  to  him ; 
and  told  the  de|M)neut,  unless  some  money  caine 
for  him  before  next  morning,  he,  the  deponent, 
must  go  to  Fort -William  with  a  letter:  that 
though  the  deponent  refused  to  go,  Allan  Brack 
looked  about  among  the  trees,  and  finding 
a  wood- pigeon's  quill,  made  a  pen  of  it,  and 
having  made  ink  uf  some  |>owder  he  took  out  of 
a  powder-horn  that  was  in  his  pocket,  he  wrote  a 
letter,  which  he  tcild  the  deponent  he  must  de- 
liver to  William  Stewart,  merchant  at  Mmry- 
burgh  ;  and,  upon  the  deponent's  telling  bim 
that  he  would  by  no  means  undertake  thai, 
as  he  was  informed  that  every  body  that 
went  to  Fort-William  was  searched,  Allan  Breck 
said  it  was  an  easy  matter  to  hide  a  letter ; 
the  deponent  answered,  If  he  was  catcbcd 


14»] 


^  Murder. 


A.  D.  1752. 


[U6 


IMft  iUtt  str^H,  wltnt  would  he  do  witli  it  F 
Awa  Drvck  tulil  Itim  tlmi  Ibe  letU^r  must 
Dot  W  fbtjotl  Upon  him  by  any  means,  and, 
if  lit  ttAs  culched  viiili  (lie  letter,  he  must 
m  k  Wfore  it  WAS  foiinil:  that  the  de|Kmenl 
lbe«  loM  tJie  saiiI  Allnn  Breck,  that  he  did 
Ml  hm9  lint  he  would  be  obliged  to  go  tor 
Mmcbpfr  next  ik)r  tu  Fort  >Villiam,  in\vhich 
CMt  Ike  ini^ht  posMbiy  carry  ihe  letter;  but  at 
l^«lMliiiie  tuld  the  said  Allan  Brcck,  if  he 
WW  eiirWffd  hiUi  the  leMer,  be  >voutd  tell  atl 
hf  kwtw  abivut  him  :  ibal  the  said  Allan  Breck 
liir  ifptioritnt  1*1  rrcitci  (Ttttbrlor  Glcfico's 
fit;  I  to  him,  which  the  de- 

^   par tin|;;«  the  fdid  Allan 
loAii  ibc  tlfc^jionfui,  he  would  see  him  next 
Hcftooe*!,  that,  at  llie  time  of  the  abo?e 
'^MUfio,  ihtf  ftaiil  Allan  Breck  Stewart  was 
ia  n  iluii'Colouied  i^rcat  coat,   black 
until,  ftsid  blue  trow  sera  atriiied  with  white. 
t\tm  4tfoneui  ha%in|^  seen    iu  court  the 
ftliortcoAt  with  the  buttons  on  the  poc- 
9m6  iW  trowsers,  depones,  that  th«y  are 
ttod  trowfiers  he  saw  the  said  AU 
Bt9«k  wtw,  Of  exactly  like  ihem.     De- 
li tkttt  c«rly  QpOD  Sunday  mornini^  the 
dtjr  of  Hay  last,  u  the  deponent  got  up 
ftlnait  luN  cornt,  he  saw  a  man,  which 
t  to  be  the  said  Allan  Breck 
toward*  him  up  the  glen  ; 
iprr  ar,  the  deponent  knew 

-ifwarti  irHvelting'  pack- 
won  in  Api^iu  (the  immedinte  preceding  wit- 
tiMijt  wUo  19  CO  U!i  in -get  man  by  the  father^s 
Bl*t4>  AlUn  Drvck  -,  und  sdWr  salutation^  and 
ikK4r|Miieiit 'ft  expressing  hia  surprize  at  see- 
Im  kim  «o  early,  the  stiid  Alexander  8tewart 
mmti  Ibedcpotieul,  tl  he  had  ^nn  Allan  Breck  ? 

AnltW  tl-'" '•  refusiag  hishavioLr  sren  him, 

Akoa^'  .  8e«med  surprized,  and  told 

ihM  tie    '...-..  :  nied  he   wouM    ine^t  Allan 

Iknk  Iherr:  and  that  he  tiad  brought  some 
9mtmm\t-*>  f-r  tnirt  ;  and  the  deponent  inquir- 
iif  oita  oug!»t,  the  sutff  Alemnder 

JRwrifi  I  Inm,  that  he  hud  Ifrouirlitfire 

foBcoa  OAil  it(im*i  ilniheii ;  and  lold  that  he  had 
•  fRMl  deml  of  trouble  iu  getting  the  money  : 
Ikai  ba  bail  b^^n  mrnt  by  the  pani»p|  to  WilliAm 
*^  Tchiiiil,    at  Flirt    Williani,    Irom 

H   guincr.9  ;  und  that  the 
ive  him  the  other  two 
BiifiM  i  -^i  '  H  t**  wife  if^^ve  him 

ittteain,  (1  A  (hat  Atlun  Breck 

^Hki  mrel   1. i^ ^uacoan  ;    but  (hat 

■o  be  f»ouh1  l«^.»fe  the  mouey  and  clothes 
VMb  ll»t*  ill  :'un<  lit  :  iniifn  this  the  deponent  told 
(W  aaiil  ,  that  he  had  seen 

Bt-  .  and  that  he  e.v- 

iii«i*i4*i^  ttini  lold  him,  that  he  be* 
Btr^k  Wtt«  then  in  the  heugh  of 
I-  <    he  would  go  to  a  hill 

*1  oui  tu  hi  III-,  Rud  whis* 
'       Brfcck 


VOL.  XIX 


rSlcw 

much 

I  I  Alex- 

.  auld  not 


gfo  Ihat  length  to  see  bis  uncle^si  son  ;  the  said 
Alexander  Stewart  answered,  that  he  Itad  slept 
none  for  two  nights,  and  was  very  much  fa- 
tigueil ;  and  upon  this  he  delivered  to  (he  de- 
ponent the  five  guineas,  and  told  he  had  left  iho 
clothes  at  some  distance,  and  would  shew  them 
to  the  de[Minent  when  he  was  going  away  :  that 
the  deponent  told  the  said  Alexandt-r  Stewart, 
that  Allan  Breck  wanted  a  peck  of  men  I  from 
Gleneo  or  Callart*^  house ;  and  that  he,  the 
said  Alexiinder  Stewart,  ought  to  gel  ii  for  him; 
but  the  said  Alexander  Stewart  refuined  to  go  for 
it ;  that,  aHerwards,  the  said  Alexander  Stewart 
slept  in  the  deponent's  house.  Depones^  that  the 
said  Alexander  Stewart  told  him,  that  the  pan* 
nel,  and  Allan  bit  son,  were  made  prisoners  ttie 
eTening  before,  and  sent  to  Fort  VViiliam  ;  and, 
upon  the  deponent's  inquiring  who  was  sua* 
pected  of  Glenure*s  murder?  the  Said  Alexan- 
der answered,  I  bat  it  was  Allan  Breck,  and  that 
it  was  likely  Ihat  lite  panuel,  and  Allan  his  Aon, 
would  stanil  the  first  trial  for  it.  Depones, 
that  the  said  Alexander  Stewart  and  the  depo- 
nent dined  together;  and  as  the  said  Alexander 
Stewart  was  going  away,  about  12  oVluck,  he 
pointed  out  a  lir*tree,  at  (he  root  of  which  he 
said  he  had  hid  Allan  Breck^s  clothes.  De* 
pones,  that,  alter  the  deponent  had  gone  ta 
ned,  upon  the  said  Sunday  evening,  he  hetrd 
one  knocking  at  the  window,  and  imagined  U  ' 
might  be  Allan  Breck  ;  the  deponent  got  up, 
and  went  out  to  bis  shirt,  and  saw  the  said  Al- 
lan Breck  at  a  little  distance  from  the  housa ; 
and,  upon  the  deponent's  coming  up  to  him, 
the  said  Allan  Breck  asked  him  if  any  message 
had  come  ft^r  him  ?  The  deponent  told  him, 
that  his  uncle's  son  had  come  with  five  guineas 
and  some  clothes  :  that  Allan  Breck  cumpbio«^  ' 
ed  there  wa.s  hut  little  money,  but  hoped  it 
would  do  his  business :  that  the  deponent  told 
the  said  Allan  Brtck,  he  was  afraid  he  would 
starve  among  the  heather;  and  that  he  wts 
not  able  lo  help  him :  that  Allan  Breck  an- 
swered, he  had  no  occasion  for  victuals,  but 
want«^d  8  drink  very  much :  upon  w  hich  the 
deponent  ueiit  back  10  his  house,  and  carried 
out  some  whey,  or  6ome  milk  and  water,  in  a 
noggin,  and  the  6ve  guineas,  and  gave  both  to 
Allan  Breck  :  thai  the  deponent  then  went  for 
(he  clothes,  w  hich  ho  also  gave  the  said  Allan 
Breck,  which  consisted  of  a  blue  long  coat,  red 
waistcoat,  black  breeches,  a  hat,  some  stock* 
ings  and  shirts  ;  that  the  deponent  (old  the  said 
Allan  Breck,  that  the  paunel,  and  bis  son  AU 
Ian,  were  apprehended  upon  account  of  (jIo- 
nure's  murder  ;  to  which  Allan  Bi>eck  aniwer- 
ed,that  that  was  no  more  than  he  expected  ; 
but  tt  would  not  signify  much,  as  there  could 
be  no  proof  against  thftin  :  but  expressed  aoaic 
apprehension,  lest  Allan  Stewart,  sod  to  th« 
pannel,  might  be  betrayed  by  hi*  own  tongue  : 
that  the  deponent  desired  the  said  Allan,  n<»vr 
(hat  he  haa  got  all  the  necessaries  he  expected, 
to  go  atiout  his  business;  and  the  «J)id  Allan 
Breck  (iromi^^l  to  do  so  ;  hut  told  the  depo- 
nent, that  he  must  meet  him,  the  said  Allan 
Breck,  ne*l  morning;  that  he  mustd^tlircr  tht 
L 


U7]  25  GEORGE  11. 

'depoQpnt  the  clothes  he,  the  said  Atlan  Breck, 
had  tlien  on,  to  wit,  the  hiack  short  coat  aDil 
trousers  shewn  to  the  deponent  in  the  c1erk*8 
hands,  in  order  to  be  kept  by  the  deponent  till 
he  delivered  them  to  the  pannel's  wife  :  Ihat  the 
deponent  promised  to  meet  the  said  Allan  Breck 
next  mornins;,  hut  did  not  see  him  ;  and  when 
the  disponent  went  out  next  morningf,  lie  found 
the  said  short  black  coat,  trowsers,  and  the  nog- 
gin in  which  the  deponent  carried  the  drink  to 
the  said  Allan  Breck,  lying  together  in  the 
place  where  the  deponent  parted  with  the  said 
Allan  Breck  the  night  belure ;  and  found  in 
one  of  the  pockets  of  the  said  short  coat  the 
powder-horn  now  shewn  him  in  the  clerk's 
hands ;  and  depones,  that  he  has  not  seen  the 
said  Allan  Breck  since.  Depones,  that,  in  a 
conversation  the  deponent  had  with  the  panne), 
as  the  deponent  best  remembers,  altout  two 
I'ears  ago,  mention  being  made  of  Glenure's 
being  about  to  take  the  management  of  the 
estate  of  Ardshiel  from  the  said  panuel,  and 
thereby  di8abliu|^  the  panuel  from  beini;  of  any 
service  to  Ardshiers  children,  he  heard  the  pan- 
nel  say,  he  would  be  willing  to  spend  a  shot 
upon  Glenure,  though  he  went  upon  his  knees 
to  his  window  to  fire  it.  Depones,  tliat  he 
beard  a  waif  report  in  the  country,  that  Ard" 
shiel  (attainted)  liad  sent  home  a  message,  that 
lie  believed  all  his  friends  were  dead,  when 
Glenure  was  allowed  to  go  on  at  the  rate  be 
did.  Depones,  that,  upon  the  evening  of  the 
said  Saturday  the  10th  day  of  May  last,  Katha- 
rine Maccoll,  spouse  to  Hugh  Maccoll,  in  Koa- 
lisnacoan,  told  the  deponent,  that  sh^  had  seen 
a  niiiu  in  the  hcugh  of  Corrynakeigh  that  day 
at  some  distance,  and  was  greatly  frighted  : 
that  the  de)M)UPiit  told  her,  there  used  to  be 
'  bo|r|es  scon  in  that  place,  but  she  must  take  no 
notice  of  what  she  jiad  seen,  for  fear  of  frii;lil- 
ing  the  women  of  the  town,  and  prevent  thrin 
from  attending  their  cattle  in  that  part ;  and 
that  the  reason  of  tellini;  her  so,  was  for  fear  it 
would  be  known  it  was  Allan  Brpck  she  saw. 
]>epones,  that,  uhon  he  found  the  black  short 
cout  and  trowsers  ho  saw  Allan  Breck  wear, 
ujKin  Monday  morning  the  Ittth  of  May  last,  he 
hid  them ;  and  that,  after  he,  the  deponent, 
had  l»oen  some  time  prisoner  at  Fort  William, 
liccame  along  with  a  party  of  soldiers,  to  whom 
he  shewed  the  place  he  hid  the  said  clothes  ; 
and  the  said  party  took  the  said  clothes  out  of 
the  place  he  had  hid  them  in,  in  the  deponent's 
presence,  and  carried  them  to  Fort  William. 
Causa  scinitia  patet.  And  this  is  truth,  as  he 
ahall  answer  to  God  ;  and  depones  he  cannot 
write.  (Signed) 

Arch.  CAMrucLL.  Ja.  Ferguson. 

Hu^h  Macclcntif  barber  in  Mary  burgh,  aged 
S7  years,  marrieil,  sworn,  purged  and  exa- 
mined ut  supra^  depones.  That  being  a  barber 
to  his  trade,  and  one  day  being  called  by  th/; 
paunel  to  the  prison  to  bhav e  him,  which  be 
thinks  was  upon  a  i!$aturday,  the  pannel  atked 
turn,  what  neus  he  heard  in  the  town?  To 
which  the  deponent  answered,  that  he  heard 


Trial  of  James  Stewartf 


[118 


that  he,  the  pannel,  was  to  be  carried  to  Edin- 
burgh on  the  Monday  following:  whereupon 
the  pannel  said,  Tliat  that  was  a  matter  gave 
him  ho  concern,  and  wished  it  hail  happened 
sooner,  and  was  afVaid  of  nothing  but  tnat  hia 
servants  might  be  enticed  to  take  money,  and 
turn  a^inftt  him ;  and  desire^  the  deponent,  as 
from  him,  to  tell  his  servants  to  say  nothing  but 
truth,  to  keep  their  minds  to  themselves,  and 
he  would  take  care  of  them ;  and  accordingly 
the  deponent  delivered  the  nannel's  message, 
in  his  own  words,  to  two  of  nis  servants,  wii'o 
were  then  in  separate  custody  in  the  same  pri* 
son  ;  and  that  they  were  botli  of  the  name  of 
Maccoll.  Depones,  that  at  this  time  the  pan- 
nel gave  the  deponent  a  shilling,  and  said, 
when  he  came  again  to  shave  him,  he  would 
give  him  more ;  out  that  he  never  got  more 
from  him  than  the  said  shilling.  Depones,  that 
from  the  pannel  he  went  to  his  son  Allan  also 
to  shave  him,  to  whom  he  told  the  commission 
his  father  had  given  to  be  delivered  to  the  ser- 
vants ;  and  the  said  Allan  gave  him  ba1f-a« 
crown.*  Causa  scienti^e  patet.  And  this  ia 
the  truth,  as  he  shall  answer  to  God  ;  and  de- 
pones he  cannot  write. 

(Signed)        J  a.  Ferguson. 

*  «  With  respect  to  this  deposition,  it  is  i» 
be  noted,  that,  after  it  was  finished,  the  pan- 
nel du-ected  the  following  question  to  be  put  to 
the  witness  by  the  Lord  Examinator,  viz.  How 
long  he  had  shaved  the  pannel  and  bit  son, 
before  he  received  the  above  named  shilling 
and  half-crown  ?  and  if  he  had  formerly  re- 
ceived any  payment  from  them  ?  In  answer  to 
which  Macclean  deposcil.  That  he  had  shaTed 
them  both  for  five  or  six  weeks  before,  nod 
never  received  any  money  but  the  said  shilling 
and  half-crown.  The  Lord  Examinator  said, 
he  did  not  think  it  was  necessary  to  make  this 
addition  to  the  deposition  ;  but  would  cause  it 
to  be  done,  in  case  the  pannel's  lawyers  insisted 
to  have  it  done.  To  w  hich  one  of  the  pannel'a 
lawyers  answered,  That,  seeing  the  jury  had 
heard  the  answer  of  the  \ulntss  (still  upon 
oath)  to  the  intenogatory  put  for  the  pannel, 
and  that  titc  judge  \\'u\  not  think  it  necessary 
to  be  added,  iie  did  nut  insist  for  it.  Now,  m 
the  first  place,  As  to  the  giving  of  this  shilling 
and  half-ciown  to  the  barber,  vas  there  noC 
good  r.'.*asuu  for  it ;  as  they  were  then  resting 
the  barber  for  several  weeks  shaving  ;  and  that 
he  depones  he  had  told  them  on  tiie  Saturday, 
they  were  to  be  transported  from  Fort- William 
to  Edinburgh  on  the  Monday  following?  In 
the  next  place,  As  ti>  the  commission  given  to 
the  barber,  (which,  by  the  by,  is  the  only  one; 
8<»  no  leabon  for  saying,  as  31  r.  Erskine  does, 
repeated  commissions);  it  consists  of  three 
particulars.  Fur  the  first,  To  tell  his  servants 
to  say  nothing  hut  the  truth.  Sure  no  good 
man  can  find  fault  with  this.  For  the  srcond. 
To  keep  their  minds  to  themselves.  This  is 
agreeable  to  the  declaration  of  the  estates  of 
the  kingdom  of  Scotland,  comprehending  the 
Claiaa  of  Right,  &c.  and  the  grie? auces  repre- 


jura 


TZniriJ    Ct*r^i*atil  fn  trp 


ftnd,  a/irr  o- 


frou 


ftl  Pulteney'i 

iivurrkili  \rH- 
;<-fJ  of  uinljce 
•   bceu  called 

iTiipr  flrposi- 
^vo 

luiiii^  lib  ex^iaihuition; 
kM  InuuWt?,  was  rc- 

■  \    .i:^:m-\  t     nji'l    liriniT'  SO- 

.„t-.^tr,ii;.,l.:-,   ,|,;|:in,rs,    That, 

July  last,  to  tlie  best  of 

r.mce,  he  was  sent  with 

-n"'--"nTtfr  wiih  hiro, 

'  BrcL'k  Mac- 

:  .*:  uc  ten   miles 

i  over  Lochleven  j 

lieir  gtiiiJe  carried 

I  of  ihe  JMi,  iiDd 

•  i]t  of  adift  iu  the 

t  bluck  coat  with 

irtrnin  tite  pocket, 

<    them  10  ihe 

jied  them  to 

dc]i>o(L(l  tuem  to  colonel 


tmtaf 
ItWoli 


»■'    -     -     --'    -■;   ■■■,  -  r'l     ♦"-  ;•  1{^,- 

not 

..i.«.  ....  ,.i^M  I'lMiile 

1^,   ill  rcltitiou  to  other 

:  «iie  tfiui!-    Vtnl  he  wouUl 


A.  Iu-ri1r.r- 


[  wit  If  iroii 


iwr»  Oil 

ton  r»tit#;}ail)  tiius 
iS,  llifUflt  taken 

Mtoi  fnnn  ' 
hwir.  iKnt  t 


nip  thnt 

n  to  lalie 

when,  con- 

M  been  for 

''<»n  lined 

tS  i!|fOII 

'-lit 
mt 


III    ij  1 1  d 

iu'  wan! 

-j.y    of  wit- 

I'jkW  n>;iil  to 

,  and  ll.f  tuf- 


htkf    rcalK     ., 
|fWiWiitArr 


ki.- 


II  (^  and 

utvd  for 

lUty  v%trt  Im^  servants  ; 
fnirn  iheir  actual  service, 
the  pannel's  ex- 
urujier  now,  when 
'     .\  to  Ih;  traas- 
,  to  let  them 
.'  I  -.-..  lo  lake  care  of 
Uter  nil,    if  any  tliin^j 
'    in    the    commis«iion 
i  er,   a»  tiicre  docs 
lit'  i;^  Ti  ^irn'ile'  ^^  li, - 


113^  %»i  the  bt*ivaiits 
U,  But,  for  reft' 
^re»,  Uiey  did  DOt 


Crawford.  Depones,  thnt  one  of  the  black  '< 
coats,  with  ihe  |io«der-horn  and  trowsers,  that 
11) e  deponent  took  out  of  the  pocket  as  ubo^e* 
mentioned,  are  the  some  thfit  his  guld^  deli- 
▼eretl  to  him,  and  which  heddivered  to  colonel 
Crawford,  as  ikbove  deponiHl.  Caum  ifcientim  < 
ptiUt.  And  (his  is  the  Iruib,  as  he  shall  an* 
s  wer  to  G  od .  (  Siffned) 

P.  Giurrr*  Thomas  Baird. 

The  Prosecutors  Proof  being  concluded,  Ihe 
PanncI,  for  his  exculpalton,  adduced  the  fol« 
lowing  Witnesses : 

Hugh  Steuari,  resideuter  in  Edinburgh, 
aged  30  and  upwards,  married,  being  sworni 
purged  and  examined  ui  supra,  depones,  Thai 
he  knows  Allan  Breck  Stewart  to  have  several 
times  gone  to  France,  and  returned  again  to 
this  country  ;  particularly  tliat  he  went  to 
France  in  1747,  and  returned  to  Scotland  in 
December  1749;  rel^iroeil  to  France  in  Ulay 
1751,  and  came  back  in  February  1752  ;  auii 
when  in  this  country^  he  was  in  use  to  lodge 
at  lite  deponent's  house  in  Edinburgh  :  that  he 
oi)^i  ved  him  to  be  afraid  to  be  seen  abroad, 
and  kept  at  home  in  the  day-time,  and  weul 
abroad  under  the  cloud  of  night;  for  which  he 
gave  Uiis  reason  to  the  deponent,  that  he  had 
been  a  soldier  iu  colojiel  Lee's  regiment,  from 
which  be  had  deserted,  and  was'  afraid  to  be 
dti>covercd.  And  being  tutarrogate,  depones^ 
that,  when  Allan  Breck  went  abroad,  as  has 
been  said,  in  May  175  U  he  owed  the  deponent 
a  guinea,  and,  bein*;  run  short  of  money,  he 
drei¥  a  bill  on  the  panriel  for  that  sum,  whereof  I 
be  acipiuiLiied  the  paunel  some  time  be  thinks 
in  July  i  8h-l  :  rrac  time  in  August  he  received* 
the  money  '  'I,  the  Appin  carrier;  and 

by  the  sau*  ^ent  the  paunel  tlie  bill 

upon  him.     Cix/^.vu  icUntU  paUt^     And  this  t« 
truth,  as  he  shall  answer  to  God. 
(Signed) 
J  A,  FEJtotJiON.  Hugh  Stewart. 

Duncan  Stewart  of  Glenbuckie,  aged   27 

vrnis.   unmairltd,   sworn,   purged  and   exa- 

\  depoues,   That   he  was  ac- 

Ulan  Breck  Stewart ;  and  tliat, 

ai  any  time,  wli^exi  he  came  from  France  to  Ihii 

country,  he  hail  no  fixed  residtrnce  to  the  de^ 

pouent  known,  but  went  about  amuniz^  his  friendi  < 

and  accjuaintances :  that  wbeu  he  cume  last  to 

8i'0tland,  lus  tlr^^^  was  a  long  ^ '  i  retl 

waistcoat,  Idack  bret'ctit^s,  and  .  liat: 

that,  iu  iMarch  UbI,  when  he  wus  u  ieil<  depo* 

nenl^s  hou^je,   he  war;  in  that  dresH ;  but,  at 

^.ii,...    v- 't^^   lie  hatf  seen   him  in  a  ili^erenl 

tiiiWIy  in   Apiil  Unit  at  (>leneuty,  . 

V .^j  the  lnj»l  time  he  -=   .v  Lim.  lii<  drese 

wns  a  bluek  short  coat,  ^^  m^,  a 

r<nt  III  ^rftist('oat,  liowsii;  ,  und, 

;icat  coat.  , 

upon  on»-  I, 

whtl<  liis  bouse,  Wmti  Uie 

first  1  r  svo  days,  to  the  de- 

poncj  \  wore  a  short  blue 

coat  J.  4ch  the  de|»0Qeiit,  al  i 


151] 


25  GEORGE  XL 


Trial  of  James  Stetoarif 


[15« 


his  c](»ire,  lert  bim ;  and  whether  he  wore  it 
any  more  than  two  days,  of  the  ten  days  be  at 
tliat  time  stayed  at  the  deponeot's  house,  the  de- 
poneot  docs  not  know,  not  having^  been  at  home 
all  the  time.  Causa  scientia  patet.  And  this 
is  truth,  as  be  shall  answer  to  God. 
(Signed) 
Ja.  Ferguson.  Dun.  Stewart. 

Duncan  Ferguson,  servant  to  Duncan  Stewart 
of  Glenbuckie,  a^ed  29,  unmarried,  sworn, 
purgfed  and  exammed  ut  snpra,  depones,  that, 
about  the  20th  of  April  last,  lie  saw  Allan 
Breck  Stewart  at  the  house  of  Branacbile, 
the  house  of  the  former  witness ;  at  which 
time  he  was  dressed  in  a  short  black  coat  with 
clear  white  buttons,  a  tartan  Test,  trowsers, 
tartan  hose,  and  bonnet.  Depones,  that  he 
stayed  there  two  nights,  and  went  from  thence, 
as  the  deponent  was  informed,  to  Glen6nlas, 
and  stayed  a  night  there.  Depones,  that  the 
deponent  also  saw  him  at  Glenbuckie's  house 
in  March  last,  at  which  time  he  was 
dressed  in  a  blue  coat,  red  vest,  and  feathered 
hat.  Causa  scieniuepaiet.  And  this  is  truth, 
as  he  shall  answer  to  God;  and  depones  he 
cannot  write.  (Signed) 

P.  Grant. 

Duncan  Stewart  in  Glenfinlas,  aged  32 
years,  married,  sworn,  pnrged  and  examined 
ut  supra,  depones,  that  one  night,  between  the 
20th  and  23d  of  April,  the  deponent  saw  Allan 
Breck  Stewart  at  Glenfinlas,  and  was  dressed 
in  a  black  short  coat  and  white  clear  buttons, 
trowsers,  and  a  bonnet,  and  had  ou  a  dun  big 
coat  above  the  short  coat.  Causa  scientia 
patet.  And  this  is  truth,  as  he  shall  answer  to 
God.  (Signed) 

P.  Grant.  Duncan  Stewart. 

Katharine  Macinnes,  late  serirant  to  Alex- 
ander Stewart  of  Ballachelish,  aged  22  years, 
■worn,  purged  and  examined  ut  supra,  by  i\lr. 
Archibald  Campbell  of  Stonefield,  sworn  inter- 
preter, depones,  that  in  the  evening  of  the  14th 
of  May  last,  the  deponent  saw  Allan  Breck 
Stewart  at  the  goat- house  in  the  moor  of  Balla- 
chelish aUer  Glenure  was  killed;  and  that 
Allan  Breck  then  asked  her,  what  was  the 
occasion  of  the  stir  in  the  town?  and  that  she 
told  him,  Glenure  was  murdered ;  and  further 
asked  her,  who  might  have  committed  the 
murder?  and  that  she  told  him  she  did  not 
know  ;  and  that  the  said  Allan  further  desired 
the  deponent  to  tell  Donald  Stewart  in  Balla- 
chelish to  ^o  to  the  pannel  and  desire  him  to 
■end  the  said  Allan  money  ;  and  that  she  deli- 
vered this  message  to  Donald  Stewart  that 
same  nii^ht.  Depones,  that  she  told  the  said 
Donald  Stewart  where  she  saw  Allan  Breck  ; 
but  that  she  did  not  tell  him  to  go  to  the  said 
Allan,  nor  did  he  desire  her.  Causa  scientia 
patei.  And  this  is  truth,  as  she  shall  an- 
swer to  God ;  and  depones  she  cannot  write. 
(Signed) 
P.  Grant.  Aboh.  Campbell. 

John  Stewart  younger  of  Ballacfaelitb,  aged 


SG,  unmarried,  sworn,  pnrged  and  examined 
ut  supra,  depones,  tliat,  the  day  after  the  mur- 
der of  Glenure,  the  deponent  was  at  the  pan- 
nePs  house,  who  after  12  o'clock  of  the  day, 
told  the  deponent,  that  he  had  had  a  message 
that  morning  from  Allan  Breck  by  Donud 
Stewart,  to  send  him  money ;  but  does  not  re- 
member, whether  the  pannel  told  him  the  place 
where  he  was  directed  to  send  it;  and  the  pan- 
nel told  the  deponent,  that  he  was  resolved  to 
send  him  money.  Depones,  that  the  last  day 
of  December  last,  the  deponent  was  in  company 
with  the  deceased  Glenure,  an  uncle  of  AnC* 
shiel's,  and  the  pannel,  and  Mr.  Campbdl  of 
Ballieveolan,  when,  after  the  company  bad 
drunk  very  hard,  and  were  all  drunk,  some 
high  worcis  arose  between  Glenure  and  Ard- 
shiePs  uncle,  and  they  were  like  to  come  to 
blows,  which  both  of  them  attempted ;  hot  the 
deponent  once  and  again  separated  them  :  that 
Ardshiel's  uncle  happenea  to  go  out  Of  the 
house,  as  did  also  the  pannel,  and  the  depo- 
nent called  to  the  people  without  not  to  lei 
them  in  again,  because  tbey  were  drunk :  that 
the  pannel  had  invited  Glenure  next  day  to  his 
house,  which  Glenure  had  accepted  of,  and 
therefore  the  pannel  pressed  to  come  in  again 
to  the  house  to  renew  the  invitation,  and  take 
his  leave  of  Glenure;  but  the  deponent  wooht 
not  allow  him  to  come  in,  and  undertook  to 
make  his  excuse  to  Glenure:  that  the  depo- 
nent, coming  into  the  house,  found  Glenure 
standing  with  a  drawn  hanger  in  bis  hand ;  and 
the  deponent  asked  what  he  meant  by  that? 
and  Glenure  answered.  That  he  should  not 
allow  him  to  be  mobbed  there ;  upon  which 
the  deponent  assured  him  he  should  not  be 
mobbed  there;  and  then  Glenure  threw  the 
hanger  upon  the  bed :  that  the  deponent  went 
home  with  the  pannel,  and  next  day  Glenare 
came  there  before  dinner,  and  dined,  and  iiiade 
apologies  mutually  for  what  passed  the  night 
before ;  and  that  Mr.  Campbell  of  Ballieveolan 
dined  there  also.  And  being  interrogate  for 
the  pursuers,  depones,  that  the  deponent  wti 
in  Edinburgh  in  August  last,  and  was  present 
at  consultations  of  the  pannel,  bis  lawyers  and 
agents  touching  his  defence.  Causa  scieniis 
patet.  And  this  is  truth  as  he  shall  answer 
to  God.  (Signed) 

P.  Grant.  John  Stewart. 

Alexander  Stewart  in  Auchindarrocb,  aged 
about  18,  unmarried,    witness   cited,  sworoy 
purged  and  examine<l  ut  supra,  by  Mr.  Archi- 
bald Campbell  of  Stonefiela,  sworn  interpreter, 
depones,  that,  to  the  best  of  his  knowledge,  he 
saw  Donald  Stewart  in  Ballachelish  and  tho 
pannel  together,  upon  the  marches  between 
Aucharn  and  Auchindarrocb,  in  the  morning 
of  the  15ih  of  May  ;   and  that  he  himself  wti 
at  the  time  digging  ground,  with  the  other 
tenants  of  the  town.     Causa  scientia  patet. 
And  this  ii  the  truth  as  he  shall  answer  to  God. 
(Signed) 
Arch.  Campibu..      Aux.  SrribWABT. 
P.Gbabt. 


A. 


iircrioGod* 


Sitmari  of  Batlacbdifih  elder, 
lltaM  CJittl,  sworn,  purged  and  examined  ut 
MM,  6epwi*»9,  llial  liitf  drpotierit  wus  witb 
Ainii  Qreck  Slevvart^s  father  a  cmiMderable 
ttaue  litlbrv  hi*  d^^nth  ;  fifit,  nf^er  he  huil  coii* 
trMAcd  tfae  H  T  he  died,  he 

mid  till*  ^»L  td  to  leiive  the 

csxeef  lib  ciiiidrei),  umj  ij  bis  .ilTmrs,  to  Ard* 
•W  iml  Uic  paotiel :  that  the  dcpouent  knuws 
lkaj«airdin|;ly  took  upon  them  fhe  maoag^e- 
VAU,  tbo«igb  he  hehere*  th<;  nomination  \vaii 
wff  f erhfti,  «nd  not  in  wriiioi^,  Ca asa  scicntia 
ftUi.  AxmI  this  is  the  truth,  as  he  shatl  an- 
(Signed) 

Alex,  Stewart- 

>^nt  in  Auchnacoan,  ig^ed 
witness    cite«J,    sworn, 
iipd    ut    iupra^    depones, 
lier^Ai  he  beliefes,  named 
tjiyr  to  hi»  children,    and 
r;  mud  the  cause  of  the  deponent's 
he  saw  the  pnnnel  lake  the 
Bl  (/  their  atfiiirs  upon  him.     Cauta 
patri.      And  thin  is  ihe  truth  as  be 
tftall  atfswer  to  God.         (Signed) 

I*.  O AAftT.  John  Stewart, 

J«Am  FtockMmri^  writer  in  Edlnburc^h,  {iged 
30  ami  ypwanls,  tPErried,  witness  cited,  sworn, 

EJ  an«]  eaLSmiiied  ut  supra^  depones,  that 
tliown  a  letkT  hy  the  pauuel  to  Mr.  John 
yrloiie,  writer  in  the  )iignet,  dated  the  19th 
«C  limy  h^t,  ffepoTtcs,  that  Ihiit  letter  came  to 
Ike  flr^fiov  I  4 1  Edinhiirgh  by  course 

ef^^OKl  tbt  ^  .  i\ty  last,  and  llie  deponent 

MB|(  lf»  Ctv  for  I'ltHi  next  da)%  he  gnve  the 
iHler  to  Alexander  Hart,  clerk  to  Mr.  Macfar- 
ham,  %»  kc  «t«literf<d  to  Iun  luMster  ;  ond  kuons 
aaC  irlwilMr  Muy  thing  \\as>  finne  by  Mr.  Mac- 
hrtiar^  |i«mttant  to  that  letter.  Cttusa  icieniia 
fdUI.  Afld  lht»  is  the  truth,  as  he  shull  ao- 
MtrlaCM.  (Signed) 

Jo.  Flockuart. 
Aflil  ifl^r  closing  the  oath,  heinj^  further  in- 
tani|fs4r  fi»r  the  pnnueU  depones,  That  there 
WM  IM^  olticr  letter  Bccompau^ing  the  one 
Wfaft^OHndkined,  And  this  is  also  truth,  as  be 
iliU  ^mm  mr  to  God .  (  Sig  u  ed) 
P.  Gkakt.  Jo.  Fuxkhaut, 

Jtkm  Ci»mnron  of  Htronfi  ai^eil  a 5,  married, 
vita^sa  CiMd,  aod  sworn  ut  iupru,  depmics, 
iWl,  aboiM  a  ye«r  ago,  beintf  in  company  ivitlt 
i^«  of  ibe  tetianl*  of  Kaunoeh,  in  a  house 
ii  EUiMKKh,  a  mait  came  unto  them,  whuru 
llffcalleil  serjrant  More  Cameron,  whom  ibe 
Aqisucgit  o^^er  «sn  l»»'rr»rr,  nor  <i>inc*e!  that  the 
iMDta  w«re  <*in  ne  for  his  ' 

hmi  iHi«e  of  i  Uel  ;    and  ' 

ftttiii  '  thtii  ir  lie  met  bim  ^ 

btli«  i  «4|joot  bmi.     Cama  i 

SBitfilmr  >^^irj.     rVuu  tiif»  IS  the  truth,  ai  he  I 
ilai  aavwcr  to  Go4«         (Stoned) 

P.Gjukt.  Juhm  Cameroh. 


Cafucrofii  aert ant  to  John  Cameron  of 

BlffMC,  ijfvd    SU  jrtars,   unmarried,   «rituess 

'  ifWmwmt  purftd  and  eAuuucd  »(  lupra^ 


by  Archibald  Campbell,  writcf  iu  Inverary^ 
sivorn  interpreter  foresaid,  depones,  that  he  baU 
occasion  to  be  in  Usoaoch  harvest  last :  that 
he  saw  there  a  man  that  v»as  cmIM  serjeant 
Mure  Cameron,  whom  he  never  saw  before,  or 
since.  Depones,  that  he  saw  the  man  cnlled 
Serjeant  Mure  in  a  bouse ;  but  does  not  know 
the  name  of  tbetuwu,  or  the  name  of  the  man 
to  i%bom  the  bouse  belonge<l,  the  deponent 
having  never  been  in  Ranutieh  bul  that  one 
time.  Depones,  that  he  beard  the  said  8er» 
jeant  More  say,  that,  il  he,  the  said  serjeant 
More,  met  witti  Gleuure»  be  did  not  care 
Ibou^b  he  should  he  up- sides  with  bim  ;  but 
bad  uo  reason  i'nr  saying  so,  he  batingf  heard 
no  more  of  his  rtiscoirrse.  Depones^  that  Iba 
depoueiit  wns  then  seri^stit  to  the  foruier  wit^ 
ness,  und  was  then  iu  Rarinocb  altetuUng  bitn 
Cuuita  $cienita  pattt.  And  this  is  the  truth,  r ' 
be  shall  answer  to  Got  I ;  and  deciares  be  cai 
not  write.  (Signed) 

P»  Grant.  Arcu.  Campbeix* 

Then   ibe  Procurators  for  the  Pannei   di 
dared  their  Probation  to  be  concludetl. 

Follows  the  WitrriNGs  proocfced  in  Eviocwd 

FOR  THE  PrOSECCTORS. 

The  Judicial  Declarations  of  the  Ponnel^  hii 
IFi/f,  and  Children, 

At  Fort-William,  the  2d  day  of  June  1752 
years,  in  presents  of  Georjje  Douglas,  sheriff- 
substitute  of  the  sheriffdom  of  Inverness, 
sitting  it)  judgraeot,  compeared  James  Sttrwart 
in  Aucharn,  now  prisoner  at  ibia  place ;  who 
being  judicially  examined  aneut  the  matter 
underwritten,  declares  judicially,  That  Allan 
Breck  Stewart  came  to  his  house  in  the  latter 
end  of  March,  upon  his  coming  from  France  ; 
that  be  stayed  two  nigbis  there,  when  the  de- 
clarant went  tit  Edinburgh,  leaving  the  said 
Allan  at  bis  hou!;e:  that  ibe  said  Allan  came  to 
the  declarant's  house  iu  the  mouth  of  April. 
aAer  being  at  Glenbuckie^s  and  Rannoch  ;  and 
that,  upon  Mimday  Ihe  lltb  day  uf  May  last, 
the  said  Allan  came  to  the  declarant's  house 
from  Fasnacloidi ;  and  ihe  declarant  being 
called!  upon  hy  Mr.  Campbell  of  Airds  to  go  to 
Keil,  had  little  coo»  erMatioti  with  the  said 
Allan  til)  bis  returu,  and  no  other  aller  bis  re- 
turn, than  wbat  was  iu  the  jiresence  of  tho 
family;  Nor  does  the  declaronl  remember, 
whether  be  supped  with  the  Bsid  Allan  that 
niifbl  or  not;  but  rather  thinks  he  did;  or 
whether  Ihe  s^id  Allan  ^ins  dressed  in  a  lon^ 
blue  coat  and  hat,  or  in  a  black  short  coal  with 
iiilver  Imtlous :  Tbat  the  declarant  thought 
bimtetf  concerned  in  drink  that  night,  havtog 
drunk  at  the  uuller  of  Keil's  bouse  with  the 
old  jU|>er,  the  y«»ouiy  r*iper»  llie  said  miller,  atid 
old  Duncan  Macrnmbicb,  tind  his  son  Archi- 
bald: tbe  declarant  »*^ut  away  to  Appia'f 
house  early  upon  Tuesday  the  12lh  day  of 
May  hiHi,  imd  did  not  &t  e  Allan  that  day  or 
since  :  that  when  the  ilrclarant  was  at  Edin- 
burgh, the  said  Allan  carried  a  short  black  com! 
with  sdver  buttoQS,  belonging  to  the  declarant| 


ia-,af?^ 


153]  25  GEORGE  II. 

with  liim  to  Glenbuckie's  and  Ilannoch,  and 
wore  it  upon  bis  retarn ;  wlien  the  declarant 
told  the  said  Allan,  that  be  wondered  how  his 
short  coat  fitted  him,  as  Allan  was  a  larffe  man, 
and  the  declarant  a  little  roan ;  to  which  he 
answered,  that  it  served  him  well  enough  : 
that,  upon  Monday  night  the  11th  day  of  31ay 
last,  the  declarant's  son  Charles  told  him,  he 
was  to  ^0  to  Glenco,  Callart,  and  Fort-Wil- 
liam ;  and  that  he  did  not  see  his  said  son  from 
that  night,  till  he  saw  him  in  this  place,  after 
that  he,  the  decUrant,  was  made  prisoner ;  nor 
is  the  declarant  sure  if  his  saiil  son  went  to 
Glenco  or  Callart  till  Wednesday  the  IStli  day 
of  May  last.     Declares  also,  ihat  his  son  Allan 
was  at  home  on  Sunday's  night  the  lOlh  of 
May  last ;  but  is  not  sure  whether  he  was  at 
home  all  that  day  or  not.    That  there  were 
no  strangers  at  the  declarant's  house  upon  the 
said  Sunday's  night,  or  on  the  following  Mon- 
day or  Monday's  night,  nor  yet  on  the  Tues- 
day or  Tuesday's  night  following,  except  the 
said  Allan  Breck  and  Fasnacloich's  daughter 
upon  the   said    Monday's  night.      Declares, 
that  John  Stewart  younger   of  Ballachelish 
was  at  his  house  upon  W^nesday's  night,  and 
is  sure  that  Ewan  Roy  MaccoU,  brother  to 
Appin's  bouman  at  Koalisnacoan,  supped  at 
bis,  the  declarant's  bouse,  either  upon  the 
Wednesday  or  Thunday's  night  the  ISth  or 
14th  days^of  May  last;   and  that  the  said 
Ewan  Roy  Maccofl  was  also  at  the  declarant's 
bouse  upon  Saturday  thereafter,  in  the  fore- 
noon, along  with  his  sister,  spouse  to  Ewan 
Maccombicn.  padler  in  Cull,  and  then  paid  the 
declarant  lot.  Scots,  except  seven  shillings  and 
two- pence,  for  which  the  said  Ewan  Macoom- 
bich,  padler,  became  debitor;  which  10/.  Scots 
was  in  pavment  of  the  grass-meal  of  cattle ; 
and  that  trie  said  Ewan  Roy  Maccoll  did  then 
p;ive  to  the  declarant  a  list  of  debts  due  to  him 
m  the  country,  whereof  20/.  Scots  was  to  be 
applied  towards  payment  of  a  debt  due  by  the 
said  Ewan  to  his  said  sister,  as  the  declarant 
bad  the  management  of  her  effects  in  the 
country  of  Appin  ;  and  which  sister's  nornc  is 
Christian  Maccoll,  and  was  last  winter  servitrix 
to  Mr.  Stewart  of  Ballacliallan  :  that  the  de- 
clarant delivered  some  cattle  to  Duncan  Stewart, 
servitor  to  Glcobuokie,  and  Solomon  Maccoll, 
servitor  to  the  declarant's  son  Allan  Stewart, 
and  John  Maccoll,  now  prisoner  at  Fort-Wil- 
liam,  at  tlie  marclies  betwixt  Aucharn  and  Sal- 
lachan ;  and  that  the  said  Ewan  Roy  Maccoll 
was  to  meet  them  at  Glendurqr  with*  cattle  of 
bis  own  that  were  to  be  sent  south  along  with 
the  declarant's  ;  and  that  the  said  John  Mac- 
coll parted  with  them  at  a  shealing  called  the 
Immcrin ;  and  that  the  declarant  did  not  see 
the  said  Ewan  Roy  Maccoll  since.    And  being 
interrogate,  if  he  nad  any  arms  in  his  house^? 
declares,  that  when  he  was  made  prisoner,  he 
bad  a  small  fowling-piece  and  a  broad-sword, 
which  broad  sword  was  to  be  kept  for  the  chil- 
dren of  the  deceased  Allan  Stewart  of  Cuil,  till 
.they  were  of  age.    Declares  alio,  that  the  said 
Sq&uuui  HbccoUi  fotaodly  aer? ant  to  DooaM 


2V/tf/  tif  James  Stcwartf 


[156 


Stewart  at  I'ayharnan,  came  home  to  his  ser- 
vice on  the  15th  or  16th  days  of  May  last: 
that  John  Stewart  in  Auchnacoan  came  to  the 
declarant's  house  upon  the  evening  of  the  14tb 
day  of  May  last,  and  stayed  there  that  night ; 
and  deciare<«,  that  he  did  not  send  him  any 
message,  either  that  day  or  the  preceding  day, 
nor  had  he  any  business  that  the  declarant 
knows  of.  Declares  also,  that  the  af\emoon  of 
Glenure's  murder,  several  of  the  tenants  in  the 
neighbourhood,  particularly  the  tenants  of 
Auchindarroch,  and  Duncan  Stewart  at  In- 
shaig,  and  Robert  Stewart  the  miller,  came  to 
the  declarant,  to  know  what  they  should  do,  or 
whether  they  should  go  near  the  corpse ;  and 
that  he  advised  them  to  go ;  but  that  neither  be 
nor  his  son  Allan  went  there,  because  he  un- 
derstood that  Ballieveolan  and  his  sons  were  lo 
be  there;  and  that  there  were  some  cliagrine 
lietwixt  him  and  them,  they  having  taken  the 
declarant's  possession  the  year  before,  wherein 
he  had  a  stock  of  cattle,  viz.  Glenduror,  a  part 
of  the  estate  of  Ardshiel :  that  when  youiup 
Ballachelish  was  over-night  at  the  declarant^ 
house  as  aforesaid,  they  had  a  conversation 
about  the  removal  of  the  tenants  from  the 
estate  of  Ardshiel ;  the  result  of  which  was, 
that  they  should  continue  their  possession,  and 
take  the  hazard  of  the  violent  profits,  unless 
they  were  forced  out ;  and  that  he  had  conver- 
sations with  old  Ballachelish  to  the  saiae 
purpose ;  and  that  he  g^ve  tlie  same  opiuion  to 
such  of  the  said  tenants  as  applied  to  him ; 
but  recommended  to  them  to  use  no  force  in 
keeping  their  possessions ;  that  the  dechirant 
had  no  written,  but  a  verlKil  commission  Iroqi 
the  said  tenants,  to  negociate  for  them  at  law ; 
nor  did  he  receive  any  money  from  thf  m  ;  but 
that  the  tenants  of  Lettermore  and  Ardshiel  and 
the  miller  promised  to  refund  his  expences  for 
representing  their  case,  particularly  Dugald 
and  John  Maccombicks  in  Ardshiel.  And 
being  interrogate,  if  he  had  any  conversation 
with  the  said  Allan  Breck  concerning  Glenoref 
the  said  Allan  asked  the  declarant,  if  be  heard 
that  Serjeant  More  was  come  from  France,  or 
if  he  was  in  the  couutry  of  Appin  ?  To  which 
the  declarant  answered,  that  he  did  not  hear 
he  was  in  Appin,  but  heard  he  was  in  Glenlive 
last  year ;  whereupon  the  said  Allan  told  the 
declarant,  that  serjeant  More  swore  he  woold 
kill  Glenure,  because  of  the  treatment  he  gara 
the  tenants  on  the  estate  of  Mamore,  |)art  of 
Lochiel  estate.  Declares  also.  That  the  aaid 
Allan  Breck  threatened,  that  he  would  chal- 
lenge BalUoveolan  and  his  sons  to  fight* 
whenever  he  met  them,  because  of  his  re- 
moving the  declarant  last  year  from  Glendu- 
ror, and  being  about  to  remove  the  otlier  te- 
nants this  year  from  some  other  parts  of  the 
estate  of  Ardshiel;  and  that  the  declarant 
told  him  then,  they  would  not  tight  him,  as 
they  would  not  consider  him  as  their  equal ; 
and  if  be  bad  come  to  the  country  to  ^ht,  ha 
had  better  stayed  in  Francer  And  being  in- 
terrogate, if  be  had  any  conversation  with  Wil- 
lium  Stewart,  msrohiUKt  in  Uarybargh?  de- 


At 


for  Murder. 
Ii4«l^  nhoul  tlie  expediency  of  the  9B.u\ 

klU     lIiHr    ItrrriiinLi'    ttnlr    i«ns^cssit>nS  J  and 

' pinion,  that 

us  ;   and  that 

'i.entcd  to  the  barons  df 

.  was  hard  they  should 

<  4Mil,    utitti  iheir    cane  was   ststeiL 

fi«1^H,  if  l»i*  fiad  any  convcvsftUoti 

'  ?    declares, 

cf»Tiimonly 

'    cid  he- 

Muc\  ? 

till  the 

I'tgpi^ajf,     1  !  hefoffe 

"■   '     'lii  ,,.,  .  ..1^   i.iie  foi^- 

r  tlie»e  N  ,  '..'0  Ion  el  Huwanl, 

^fttrrl.  1  impbell  ot"  Airds, 

bin,  esqra, 

James  Stewart. 
George  DotCLAs,  S.  8. 


A.  D.  lltA 


[I5S 


^F  ' 

^  being 

^B" 

reco!- 

^MPi 

:ib 

ijt 

^^B^Mjp, 

-vKiie- 

^^Ki 

•tccla- 

^^B^l' 

».  ...^y 

^^^Karmi 

.:..-  "-- ^  '     -■■G 

^^^■M> 

1  Afrpia  proposed 

^^^^^^KlbO(3 ' ' 

r^Tn  in  Innd  :  tbtit 

^KoTth' 

c  heard   of  Glennre's 

^^it  ir 

-   mind,  Ihnt  ^vrjratit 

^■■■i 

iuae  Allan  Brct'k  totd 

^^PFx 

r  9Wr»rp  hjoody  rr  Ttitg-e 

^Hkuhui^v 

foiL  !i               it  catnefrom 

^Bv,  UfMfi  ftccfiutit  "                  H  treatment 

l^tftd-j'. 

'    IV  kh 

J'lWC^ 

chlel: 

3^|llMr«*'T    ir.iKi^c  vr.t^n|.   ir.:                                   AHaU 

^■k  afunriirds 

was,  been                  i>.  the 

PPinfr  ...->'•.., 

ritl^n„f   •oliii^    ,..;,.    uf    him. 

uhtPSj 

1  Allan  was  puilty 
^  it  behofeil  to  b*; 

iriu«L 

•«  acsPMri  ni  ttte 

given  to  thete- 

Mia  Lf  rhr  c>':i'i 

1^  and  knows  no 

^V 

htj  did    set    out    for 

^^^^_^' 

5d  day  of  April  latt» 

^^^^^H^ 

t,  the4rh  allnoerken- 

^^^^^^^K  1 

iha  6\U  at  Ann  at,  and 

^^^^^^^Kv 

nd  was  that  nigtii 
oil's  honwe  at  St. 

^^^^^^^K|' 

Ig'ota 

^^^^^H^^_ 

.icrief. 

^^^^^^ 

,  ...lied  at 

^^^K- 

jll,  flud  WAS 

^^^^^ 

,.'.     hn.„^, 

':Mf? 

tie  of 

^^^^^^^E 

ur^^m 

uoday  Illy  19ti«p  VY4&  tUut  cii^hl 
2 


at  Danivan,  called  at  Wr,  Wilaot^s  and  Mr. 
Wordie's  and  was  at  Hiirling  at  nigfht ;  which 
pfacc  hp  left  on  the  21st;  called  at  Mr.  Dun- 
das  of  Manner's  house,  Dunblainnnd  Newion» 
and  was  at  Annates  at  night  ;  tjpon  the  TId 
catne  to  HallachaUao's,  and  stayed  there  that 
niirlii;  came  to  GtenbtickteSi  the  93d,  and 
stayed  there  two  nights ;  on  the  25ih  came  ta 
Tuyindronn ;  on  the  26th  carne  lo  0nncan 
8te\Tart's  house  inGlenco  ;  and  iipnn  the  27 ih  * 
came  liorae :  that,  upon  the  ^5th,  he  calk'd  at 
Mr.  ftfurmy  of  Grenkemtrck  :  Tliat,  soun 
after  the  declarant  came  hofHe,  he  gntm 
notice  to  the  tenants  of  Ardshif  I,  that  he  Jiad 
procured  a  Rjgt  for  them  against  the  decreet 
of  removing- ;  and  that,  if  they  had  a  mind 
ti>  continue  their  posi^essjons,  tW}*  «vere  ad< 
viaed  to  ^o  lo  Ck^niire  and  fivei  their  po«- 
aeasians,  and  if  did  not  grant  their  flesiie,  thejr 
should  tend  for  a  notary,  and  go  with  him  to 
protect  ai^inst  G tenure ;  and  if  they  fijcns«ii 
he  wauld  send  h>r  a  notary;  to  which  they 
»0f€ed ;  that  accordingly  ihe  declarani  sent 
for  Charles  Stewart,  notary,  and  writ  him  a 
leltpr,  sigtiifving  ih^y  had  obtained  a  mt  for 
the  tenants  of  the  estate  of  Ardshiel,  and  de- 
Kired  him  to  come  to  intimate  Ihe  same  to 
Glonurc,  to  the  purpose  above-mentioned  ;  aod 
that  the  f^aid  Churle§  did  accoidingly  come  to 
the  derh'-'"''^  house  at  night,  and  the  tenants 
r;«nif  rning  ;  and  that  the  d<?clnrant 

UfUi  lUi:  .  ,  .  ,  -:3L'nre  oi'the  aaid  Charles,  that, 
if  it  was  not  their  mind  to  proceed  in  that  me- 
thod, he  would  not  desire  tham  to  do  it,  beoiiuse 
he  could  not  assure  them  ofsnccesa ;  and  Ihnt 
now  they  had  the  advice  as  it  was  gifen  to 
him  t  sod  particnlarly  rcnjeoihers,  that  three  of 
th I*  tenants  of  Aidshii?!  met  the  notary  at  the 
d**Cl«nint's  house,  but  is  not  sure  if  old  John  * 
Coftpihoun.  thf  foonb  tenant  in  Ardshiel,  waa 
thcT?,  hut  rnihcr  helievt«  he  wa«! :  that  he  wia 
informed  on  fVlomlay  the  11th  day  of  May  liat^ 
tty  his  smi  ChaKej*,  Altan  Breck,  and  Fasna- 
cioichN  daughter,  that  they  heard  G tenure 
was  to  qo  to  Lochaber  that  day.  Declares, 
aJso,  that  he  saw  James  Htetvuft,  younger  of 
FasuMcloich,  at  Glenr^V  ]^riu^r  upon  the  5lh 
dayof  I^Iay  last,  wh*'  ■  "hat  he  had 

done  at  Ethnburgh  T  :  mt  told  him, 

he  bad  procured  a  s\st  for  the  tertanls  of  Ard- 
sfaiel's  estate  ;  and  that  he  did  not  know  what 
service  it  might  be  ot*  but  that  some  people 
thought  they  might  fit,  and  take  the  hnzard  of 
the  violent  profits,  till  they  had  nu  oppoi-ttuiity 
of  l.iyinp  their  case  feetbre  the  hnroni  of  I'l* 
chet[Mer:   that  at  this  time  the  il    '  tuhl 

tlie  said  James  Steirart,  tli.U  hr  lue 

personsof  underslnndiuij  were  pi' -^' "i  <.»  <h» 
term*d»y,  lo  see  it  theie  u»<  law  for  e)f*c|ifi|{ 
them;  and  naked  the  snid  Jjmr'-  ii  Iw  tia*  |,| 
be  iu  Durnr  about  that  tuud  *  ,  liu 

did  fjot  l.ivAf  :  that  wIh  11  'h*    ^' >  ■  w 

j:t  lidi«th  wn 

h'  ,l,iffuM^ 

tellAUtti,    tu 

them  out  ?  v, 

to  liifvrtry.    Di^biv*  ul^,  that  i«i  giiUdA- , 


159]  25  GEORGE  II. 

he  recommended  to  every  body  not  to  make 
anv  disturbance,  and  particularly  recommended 
to  his  own  servants  not  to  be  present,  not  know- 
ing what  might  happen  if  a  mob  of  people 
gathered  ;  nor  did  he  intend  to  be  present  him- 
self. This  declaration  is  emitted  judicially, 
place  and  date  foresaid,  before  these  witnesses, 
colonel  Howard,  Donald  Campbell  of  Airds, 
and  Colin  Campbell  of  Carwhin,  esqrs. 

Witnesses,  (Signed) 

G.  Howard.  James  Stewart. 

Donald  Campbell.  George  Douglas,  S.  S. 
Co.  Campbell. 

At  Mary  burgh,  the  dd  day  of  June  1753 
years,  in  presence  of  the  said  sheriflf-substitute, 
compeared  the  said  Jamet  Stewart^  who,  after 
having  his  former  declarations  fully  read,  re- 
collects, that  he  was  not  a  night  at  Annat,  but 
called  there  on  his  way  to  Edinburgh,  and  so 
was  a  day  sooner  there  than  what's  mentioned 
in  his  former  declaration.  And  being  interro- 
gate, if  Allan  Brcck,  the  declarant's  son 
Cliarles,  or  Fasuacloich's  daughter  told  him, 
when  she  came  to  his  house  upon  Monday 
the  11th  day  of  May  last,  that  Glenure  had 
got  the  said  sist  removed  ?  Declares,  they  did 
not;  but  that  one  of  them  told  him,  he  heard 
Glenure  was  to  remove  the  tenants  of  Ardsbiel, 
but  which  of  them  said  so,  be  does  not  remem- 
ber. This  declaration  emitted,  place  and  date 
foresaid,  before  the  said  Donald  Campbell  of 
Aird^  and  Colin  Campbell  of  Carwhin,  esqrs. 

Witnesses,  (Signed) 

Donald  Campbell.       James  Stewart. 
Co.  Campbell.  George  Douglas,  S.  S. 

At  Marybnrgh,  the  3d  day  of  June  1759 
years,  in  presence  of  the  said  George  Douglas, 
sheriflf-substitute  of  the  shire  of  Inverness,  com- 
peared Allan  Stewart  son  to  James  Stewart  in 
Aucharn ;  who,  being  examined  judicially,  de- 
clares, Thati  Allan  Breck  Stewart  came  to 
tlie  declarant's  father's  house  on  Monday's  af- 
ternoon, the  1  lib  day  of  May  last,  dressed  in  a 
long  blue  coat,  red  waistcoat,  black  breeches, 
tartan-hose,  and  a  hat ;  and  after  being  some 
lime  there,  did  put  off  his  blue  cttat  and  waist- 
coat, and  put  on  a  black  short  coat  with  silver 
buttons,  belonging  to  the  declarant's  father ; 
and  went  that  afternoon  to  work  with  the  de- 
clarant's father's  servants  in  covering  potatoes : 
that  the  said  Allan  Breck  stuid  that  ni^ht,  and 
was  dressed  next  morning  in  his  blue  coat  and 
red  waistcoat,!  as  the  day  before :  that  the  de- 
clarant did  not  see  him  go  away  from  Aucharn 
upon  the  12th,  the  declarant  being  in  the  fields 
from  the  time  he  rose  in  the  morning  till  twelve 
of  the  clock  thpt  forenoou,  sowing  barley,  ex- 
cept once  that  he  made  a  start  home  for  more 
bear.  Declares,  That  upon  the  af^rnoon  that 
the  said  Allan  Breck  came  to  Aucharn,  as 
aforesaid,  he  told  the  declarant,  that  he  heard 
in  Glencrearen,  that  the  tenants  \i  ho  hatl  taken 
the  lands  of  Ardshiel  were  to  be  at  Glenduror 
on  Thursday's  night,  in  order  to  enter  to  the 
postesuon  on  Friday  the  15tb  day  of  May  last; 
Md  told  him  likewise,  thai  he  heard  GlcDore 


Trial  of  James  Stemartf 


[160 


had  come  home,  and  had  orders  to  remove  the 
former  possessors:  that  Archibald  Cameron, 
cousin  to  Drumnasailly,  came  along  with  Fas- 
nacloich's  daughter,  and  the  declarant's  brother 
Charles,  to  his  father's  bouse,  upon  the  sud 
11th  day  of  May  last,  and  staid  all  night;  the 
said  Allan  Breck  having  come  by  himself  aboot 
two  of  the  clock  in  the  afternoon*  that  day : 
that  the  declarant's  father  convetaed  with  tie 
said  Allan  Breck  aside,  upon  his  firtt  arrml 
at  Aucharn  upon  the  said  11th  day  of  May; 
but  that  the  conversation  did  not  last  above 
five  minutes,  or  thereabouts ;  nor  did  the  d^ 
clarant  hear  what  passed :  that  the  declarant^ 
father  did  not  appear  to  be  the  least  in  drink 
upon  his  coming  home  upon  the  evening  the 
Monday  aforesaid,  but  told  that  Mr.  Campbell 
of  AirJs  had  given  the  declarant's  father,  and  ; 
the  tenants  of  Keil,  three  or  four  bottles  ef 
whisky ;  and  that  the  declarant's  father  anppsd 
at  home  along  with  the  said  Allan  Brack 
that  night :  that,  upon  Tuesday  afternoon  the 
13th  of  Mav  last,  the  declarant,  and  the 
said  Archibald  Cameron,  and  Donald  Mae* 
donald,  brother  to  Glenco,  went  to  the  isle  of 
Bailieniigowan ;  and  the  declarant,  and  tbenU 
Donald  Macdonald,  returned  in  the  evening  to 
Aucharn;  but  the  said  Archibald  CamerM 
went  to  his  aunt's  at  Cuil :  that  in  the 


of  the  13th  of  May  last,  the  declarant  wentto 
Sallaohan,  where  he  saw  John  More  Madh 
chatten,  and  delivered  them  a  mare  and  a  fiHyt   < 
and  then  returned  home ;  and  in  the  atlenMNa 
of  that  day  went  to  Kintalline,  in  order  to  goto   * 
Tayphinst;   but  being  informed    by    Doodi 
Mackendrick,  the  old  piper  at  Keil,  whoa  hi 
met  there,  that  young  Ballachelish  was  to  b 
at  Aucharn  that  night,  the  declarant  rctWMi 
with  the  said  piper,  and  went  along  whh  \m 
to  the  moss:    that  accordingly   BallaebcWi 
younger  came  to,  and  staid  at  the  declaraat^ 
father's  house  that  night,  and  went  next  dav  li 
Apnin's  house :  that  the  said  Ewan  Roy  Hsc- 
coll,  brother  Co  Appin's  bouman  at  Koalisai- 
coan,  wrought  at  the  declarant's  father's  peal* 
moss  upon  the  said  13tli  of  May  last,  and  jap- 
ped at  the  declarant's  father's  house  that  nim 
and  believes  he  took  his  bed  with  Duncan  Nae" 
coll,  his  uncle's  sou,  at  Auchindarroch  tbiK 
night :    that,  upon  the  1 1th  of  May  in  the 
morning,  the  declarant  went  up  to  rreichii^ 
and  returned  by  the  houses  of  Glenduror,  utaa 
he  saw  two  women,  and  spoke  with  one  if 
them,  to  hinder  the  cattle  to  trespass  on  hii  ftp 
ther's  grounds ;    and  whilst  the  declarant  m 
speaking  to  that  woman,  he  saw  a  man  yawiig  ^ 
at  a  litUe  distance,    who  was  enqainng  M  ^ 
Glenure,  as  the  said  woman  told  the  declariltl  jj 
which   man  the  decUirant  thereafter  obacrrcl  j| 
travelling  on  the  road  towards  Auchindarroch:  sm 
that  the  declarant  came  ••«»•»•«*  hnm^  Ana  P 
Glenduror,  and  continued 
to  Inshaig,  along  with  his 
Fasnacloich's  daughter,  and  continued  tbM'J 
till  the  news  of  Glenure's  murder  reached  Ml ;  I 
father's  house,  where  he  heard  the  finl  M-   i 
counu  of  it,  Glenure'i  eenrant  being  jiiilgaa%  i 


ma  mwaras  Aiicnmaanocni  ^ 

came  straight  home  ftoH  * 

uinued  at  home  till  he  wMl  $ 

riih  his  brother  Cbarlee  oi  ¥ 


Jot  Murder. 

cUrant  wu  iDformed :  that  the  decla- 
at  home  all  day  the  15th  of  said  May  ; 
t  be  made  a  start  to  Cuil,  where  he 
onpany  with  Duocan  Stewart  senior, 
■can  Stewart  younger,  his  son,  and 

Stewart  at  loshaigf.  And  bein^  tn- 
e,  what  coDTersation    passed  betwixt 

Ua  father,  on  his  return  home  from 
f  bis, father  told  him,  That  Glen ure's 
Ma  there;  and  upon  the  declarant's 
ttkiojif  his  news,  he  told  him  the  worst 
r  be  had ;  that  his  master  was  killed  at 
Hw ;  and  that  his  father  asked,  if  it  was 
t;  ami  that  the  senrani  answered,  that  it 
nI  that  the  said  servant  also  desired  his 
I  go  and  take  care  of  the  corpse ;  which 
Mcd  to  do,  but  that  his  wife  would  not 
I  .  but  that  he  sent  for  the  tenants  of 
tafTOcb,  anil  desired  them  to  ^o  to  take 
be  eoqise  ;  and  that  the  reason  that  be, 
karaat,  did  not  ffo  to  take  care  of  the 
was,  because  it  did  not  at  tirst  occur  to 
nd  that  it  was  too  late,  and  the  rest  of 
pJe  ffVHie;  yet  it  was  clear  day  light, 
lbs  ibe  aun  w  as  Sf  t ;  and  that  the  decla- 
laiber  also  hindered  his  going,  and  as- 
br  a  reason,  that  if  the  friends  of  the 
I  were  there,  and  had  arms,  they 
n  their  passion,  do  hurl  to  him  and  his 

Mid  that  he  was  but  a  little  time  at 
fkcr  his  return  from  lushaig,  when  he 
anre'a  aerrant  returning  from  Glendo- 
I  paaainflf  towards  Kintalline :  that  the 
It  thiDka  his  brother  Charles  went  in 
mooD  of  the  14th  of  May  last  with  Fas- 
I'a  daughter,  and  the  said  Archibald 
««  and  the  declarant's  sister,  to  Lagna- 
ere  they  dined  in  Alexander  Stewart 
m  hvuae,  and  afterwards  came  back  to 
a,  aod  then  went  to  Inshaig  as  aforesaid. 
9^  that  be  heard  the  said  Ewan  Roy 
1  say,  upon  the  ISth,  two  several  times, 

waa  bard  in  Glenure  to  turn  out  the 
Imaols  of  the  Ardshiel  estate,  as  they 
nr  rents  Hell,and  offered  an  au^menta- 
rcol,  and  nere  willing  to  give  obedience 
government ;  and  that  one  of  the  times 
vr  breakfast,  when  the  people  were  to - 

at. the  end  of  the  declarant's  father's 
going  to  the  mc»Ks  ;  but  that  his  father 
t  pfesent:  that  some  of  the  tenants  of 
glibourhood  were  there,  as  well  as  his 
t  servants ;  aod  that  they  generally  talk- 
ie same  strain  niih  the  said  Ewan  Mac- 
id  that  the  other  time  tvas  after  their  re- 
;  from  their  woik  that  evening  ai  thede- 
's  father's  house:  thai  the  declarant 
Bt  know  what  been  '.e  of  the  said  Ewan 
lacctdl  all  Thursiiay  said  14th  ot  May 
ml  i«  positive  that  he  came  int(»  the  barn 
the  declarant  was  King,  that  same  night, 
twelve  of  the  clock,  asking  for  a  bed, 
was  ret UMfd  him ;  but  ordered  to  go  and 
I  ihe  servants  ni  anoih*-rharn  in  Ancliarn, 
U  Dougal  and  J<dm  Maccolls,  now  pri- 
st Ktirf  .William :  that  the  declarant  saw 
A  Kwaa  Boy  BUecoll  at  Aucharo,  upon 
^  XIX. 


A.  D.  1752. 


[162 


the  15tb  of  May  in  the  morning,  and  saw  him 
again  at  Cuil  about  twelve  of  the  clock  that 
day ;  and  that  they  came  together  from  thence 
to  Aucham,  where  they  parted,  and  that  the 
declarant  does  not  remember  if  they  had  any 
conversation  all  that  time  about  Glenure's 
murder.  This  emitted  judicially,  place  and 
date  foresaid,  before  these  witnesses,  Donald 
Campbell  of  Airds,  and  Colin  Campbell  of 
Carwhin. 

W  i  tnesses  (Signed) 

Donald  Campbeix.       Allan  Stewart. 
Co.  Campbell.  George  Douglas,  S.  B* 

Eodem  die^   The  said  Allan  Stewart  being   > 
re-examined  judicially,  and  being  interrogate 
whom  he  suspected  guilty  of  Glenure's  mur- 
der?   declares,     That  he  thought,    if   Allao 
Breck  did  not  soon  cast  up  in  the  country,  bt 
was  the  most  likely  roan  to  have  done  it:  and 
further  declares.    That,  in  a  converBatk>n  be- 
tween him  and  his  father,  and  others,  they 
were  of  opinion,  that  the  people  o>f  Ballache- 
lish  and  Lettermore  must  have  known  who 
committed  the  murder  at  the  time  it  happened : 
that,  u|ion  the  Friday  after  the  murder  liap- 
pened,  he  beard  his  father   tay,    he  did  not 
doubt  but  he  would  be  taken  up  upon  suspir 
cionof  the  said  murder:  that  when  the  de- 
clarant's father  was  at  Edinburgh,  he  expected 
a  letter  from  him  about  what  he  was  doing 
about  the  removings;  which  letter  oame  to 
Aucharn  in  the  declarant's  absence,  and  waa 
opened  by  James  Stewart  younger  of  Fasna* 
cloich,  and  contained  an  account  of  what  the 
declarant's  father  had  done  about  the  remov- 
ings; and  that  he  was  about  buying  a  bar- 
gain of  meal.     Declares  also,    That  he  heard 
his  father  express  his  desire  to  young  Ballache- 
lish  to  be  present  when  the  nei"'  tenants  came 
to  take  possession  of  the  estate  of  Ardshiel ; 
and  that  Donald  Mackintyre  in  Aucharn  told 
him,  that  young  Ballachelish  had  come  back 
from  ^ppin  to  Keil,  in  order  to  attend ;  but, 
upon  hearing  of  Glenure's  murder,  returned  to 
Appin  :  that  the  declarant's  father  told  him  ho 
would  not  be  present  at  the  entering  of  the  said 
new  tenants;  nor  was  the  declarant  resolveit 
to  be  present  himself;  nor  did  his  hither  de- 
sire him  to  go,  or  suspect  him  such  a  fool  as  to 
go :  that  he  knows  that  the  said  Allan  Breck 
Stewart     lay    with    the    declarant's   brother 
Charles  in  a  bam  in   Aucharn,    upon    I^Jon« 
day's  night  the  11th  day  of  May  last:  that  the 
declarant  has  a  bluck  short  coat,  with    nine 
round  silver  buttons  on  the  bren^t,  two  upon 
e»ch  haunch,  whereof  one  is  shihII,  and  it  has 
no  buttons  on  the  slcevfs  or  ptickets;  and  that 
his  father  has  also  a  black  short  coat,    with 
silver  buttons  on  the  breast  and  pockets,  and 
has  none  upon  the  haunches  or  sleeves,  to  the 
fieclarant's  remembrance:  that  the  said  Allan 
Breck  bad  no  big  coat  on  upon  ihe  lltli  day  of 
M.ty  last,  when  he  came  to  Aucharn,  nor  nad 
he  any  big  coat  of  his  own  that  the  declarant 
knows  of ;  for  the  said  Allan  borrowed  the  de- 
clarant's big  coat,  when  he  came  to  Rannochs 
M 


159]  95  GEO! 

be  recainmendeil  lo  t 

to  nis  own  h,' 
iiig   wlint   tn   , 
g^albered  ;  nor  <i» 
telf.    This*  ilecli 
place  ant!  dale  1'" 
colonel   f{f>war*L 

and  CoHu  Camiibdl  yt  Lur'*  tin  •-» 
Witnesses «  {ik/m^^ 

G.  Howard.  ^ 

PoNALD  Campbell,      ' 
Co.  Cami'Dell. 

At  Marvburgli.  llie  f^ 
y earti  i  n  (» reseii  ce  of  t  i " 
compearid  the  smd  Jf^  -^^  ^* 

having  his  fbtraer  ilt-cinrs*' 
coSlccls,  that  lie  was  not  o  i 
culled  there  on  his  way  t«» 
was  a  d^y  Booner  there  Uiim' 
ia  liif;  tormer  declaration, 
gttici    if    AUin    Breck,    n 
Churles^  or   FasDacldchV  •!    y 
whtu  she  came   to  liis  Uoum 
the    lUh  day  of  May  Uai,  ihn< 
got  the  said  sist  removed  ? 
not  J   but  that  one  of  them 
Gienore  was  to  remove  llu 
but  which  ofthera  said  ^o,  i 
ber ♦    T h  is  d eel aration  c in  i  I 
foresaid,  before  the  eaid   I 
Airds.  and  Colin  Campbell 

(VttnesseB, 
Do.HALD  Campbell.       JAJHL^  .^ 1 1.^- ». 
•  Co,  Campbell.  Geouge  Dot*  i 

At  Ularyhiirgh,  the  3d  day  of  J 
^earSf  in  presence  of  the  aaid  Geor^r  i 
'    '  eriflf-sybttilule  of  the  shire  uf  1  * 
M,red  Alltin  Slewart  son  loji 
Aucharn ;  who,  being  examine  i 
cl art's,   Thau  Allan   Breck    t^i* 
'  the  declaraiH^s  falltcr^s  hoU!ie  i>^: 
ernotio,  the  I  Jlh  day  of  May  1; 
rioog  blue  roatj  reil   waistioiit,  L— ^ 
Jtortan-bose,  and   a  hat ;   and  after  » • 
tioie  there,  did  put  off  his  blue  cn«i 
coat,  and  put  on  a  black  shurt  coat  ^^ 
buttons,  belonging  to   the  declarant 
band  weut  that  afiernooo  to  work  n  i' 
IpClarant'fi  father**  servants  incovcrmu 
[that  the  said  Allan  Breck  Maid  that  i: 
[was  dressed  next  morning  in  his  bhj 
[red  waistcoat,'  as  the  day  betbre:    li^ 
'  clarant  did  not  see  him  go  awajj  fruv.. 
Llipou  the  12lh,  the  declarant  being  ii 
from  the  lime  lie  rose  in  the  morning 
€if  the  clock  Ihut  forenoon,  stminsf  ii^l' 
4:ept  once  that  he  made  a  start  home  for  i 
i  J»ear.     Declares,  Thai  upon  the  aftrnuirr 
Ihe   said   Allaii  Breek  came   to  Au 
sibreiiaid,  be  told  the  dcclamnt,  thai 
in  GlencrearetK  that  the  lenouls  whohaii  : 
the  lands  of  Ardsliiel  were  to  be  at  Gletu 
on  Thursday's  night,  in  order  to  enter  t 
possession  on  Friday  the  15th  dayof  Muv 
and  told  him  likewisei  that  he  beard  GIluui 


rSrrtMff, 


[1G4 


Mi  brnthcT  Allan  to  come  home ; 
ks  tsil  brother  ^uh  gotie  n  little  before 
00-^^  SJm  Uacctoll  came,     liechrea  alio, 
^  1^  mm  Swan   Uoy   MacooU,  Ivratbar  to 
ta«^  fci«in  at  KoAlianacoan,  at  the  deck- 
^b'^  Mber*i  houje,  upon  the  evening  of  the 
1^1^  4kf  «f  May  last  before  i(»ey  lighted  caiu 
lyi  ^b)  lild  ke  had  come  from  Gleneo  ilm  I 
^^  ^  ^ril  Im  afterwards,  that  nighty  came  tata  j 
j^  ^0«  vliere  the  declarant  was  lying  if rth  i 
^w^^  Mm  Ktewari,  looking  for  a  bed,  nsii 
to  he  with  the  servants  in  the  otlicrl 
Aucharn.      Declares,   that  upon  h\a^ 
tntihaig  with  ttie  said  Jolm  M%C' 
fggL  lyiaener,  that  the   declarant  a«iked  him 
^\jft  Gienore  was  murdered,  what  way  it  wif  ; 
.1..**  tad  if  any  per^ioo  was  htm  by  the  place  ?  1 
If  said  Jtdin  aosweredv  That  it  whJ 
»'  wood  of  Leitermorc ;  whether  rt' 
or  north  of  thr  hous^eii,   be  could 
^Lit  U  xrf*^  by  a  Khot^  and  that  tiu're 
sten  near  the  place ;  aod  . 
it  remeudjers  of  the  coo- 1 
' :    and  that  u^ioti  his  1 
'  i'l  fattier  d'^^ire  ttie  I 
.11  lo  go  aud  t^ikecareofj 
his  fatlier  proposed  to  go  J 
,  ,.  wife  would  not  let  btoi ; 
ic  time,  heard  his  father  «j 
e  suspected  of  tlic  murder,  as 
o  [nucti  part  with  the  tenanU 
L'  the  factor:     that    \w  heard 
I  AUccoll  say,  Ujion  the  13lh  day  of 
thu^  he  wondered  that  Glcnure  wu 
:Tant8  that  paid  their  retU  wetlij 
^  tf>  quality  to  the  gorrrnm^nt! 
'  r  and  the  ^ 
I  cooversiJi 
I  (lis  ilecbralion  • 
and  date  forf**iiid.  In 
Id  Camjibell  of  Airds,  anu  V.U114J 
II  whin,  ee^rs. 

(S 'r^ 

r.LL,           Cl  WART. 

,4..  1..  GEu ^  -^OLAS,  8, 

>:u,r,ift,  son  to    the    said    Ja 
I,   being   solemnly   swo 
nie&,  That,  upon  Toosdajj 
current,  the  deponent  aoi 
■  ;.  Stewart  went  from  th 
i\>  liouse,  %vhere  the  said  Alla^ 
tj  from  the  Ut  current  (exccpj 
v«turday*a  night  at   Cuil),  an 
ui'«  house  on  l^ue^day's  nt^lin 
ui^lu    at    AnchnacK] 
d    Aucljaourim*s,  Fd 
V  *s  night  at  Fasnaclo' 
ly  the    llth  currents 
I  *ili»>  dresK  the  said  [ 
a   long-bodiedi 
breaches,  a  hat  I 
r,  and  tartan  hose,  with  a  It^ 
n=d  :   in  which  very  dress,  an 
along  with  the 
u\mn  the  llth 
iUtd  ihero  Umt  night,  and 


Jot  Murder, 

nnd  he  l«y  logeUier :  that  he  rose 
deponent  on  TuesJay  ilje  12Ui  cur- 
lijal  the  deponent  vraa  tip  be  lore  be 
'  m-s ;  and  tttat  as  lie  was  going 
'Wftn  about  8  or  9  of  the  clock  to 
waB  told  by  liim  lie  was  gfoin^ 
it  tben  he  had  od  tbe  whole  of 
dress  as  above  described  :  that  the 
accompanied  him  to  Kintalline,  and 
vd  Vfiih  bim  any  where  on  the  road  : 
|Mi*iS€d  tbrongh  Auchiodarroch  and 
^  And  spuke  with  soirte  people  as  they 
Dg,  particularly  Alexander  Stewart 
htk^  and  Alexander  Stewart  his  son : 
tue  coal  Allan  wore  bad  yellow  metal 
that  the  deponent  and  be  parted  ut 
»,  after  the  deponent  asked  John 
iccombie  for  ale  there.  Aad  this  is 
le  shall  answer  to  Gml. 

(Signed) 
D^ursELL,  S.  D.    GHAictJ^  Stewart* 

et  Sictcartt  spotise  to  James  Stewart 

rtt<  being  solemnly  sworn  and  exa* 

■■tefl,    That    Allun  Breck  Stewart 

^^^Onse  upon  Mottday  immediately 

l5orc*8  murder,  dressed  as  mentioned 

deposition,  and  with  a  bij^  coat  of  tbe 

3r ;  that  he  stayed  all  night,  and  went 

t  day  about  8  or  9  of  the  dock  in  the 

dr^Bcd  in  the  same  habit ;    and  at 

'  teaye  of  the  deponent,  asked  her,  if 

"iny  commands  lor  f tannoch  ?   Tbut, 

ot  her  knowledge,  he  came  by  him- 

rent  away  by  bimsalf.     And  Vhis  is 

(ms  she  shall  answer  to  God  ;  and  de- 

tduiKit  wrile.     (Signed) 

Arch.  CampbeiXi  S,  D. 

'J  t^£f  t«rf,  daughter  of  tbe  said 
wan  in  Aucharn,  being-  solemnly 
examined,  depones,  contbrni  to 
'T*%  deposition  in  every  ibingf,  only 
positive  tbut  Allan  Breck  Stewart 
one  tf^  Aucharn,  ujkiu  Monday  im- 
before  Glenure's  murder,  she  having 
come  I  here.  And  this  is  truth,  aK 
answrr  to  God ;  and  declares  she 
ilds«  that  Solomon  IVIaccidI, 
..\  went  u/f  for  tbe  south 
on  SiJatuiday  the  16tb  current , 
€d)        Arch,  Cami^cell,  S.  D. 

5ffii(ir/,    son  of   the   said    James 

^ttcb^irn^  iK-intf  re-examined,  judi- 

S    That  Dusrald   Wacroll, 

Id  tbe  said  Charles  Siewarl, 

were  arms  in    his  father^s  bousi', 

id  bid;  and  this  judicial  arknow* 

ntii  this  ?3d  day  of  May,  1752 

'  ese  wi messes,  Donald  Catn^)- 

nd  James  Campbell,  writer  lo 

Titer  hefcof. 


A,  D.  1752. 


[106 


(Signed) 

lARLLS  HtE 


^CaWpbell.       Cdarlls  Stewart, 


pf  Ibe  said  Ckurla  Stewart  jitdi* 
flliat,  upoQ   the  Utb   day  of 


'  Mny  current,  tbe  block  short  coat  with  silver 
buttons,  tben  wore  by  Allan  Breck  Stewart,  ^ 
was  i^iven  lo  bim  by  the  declarant's  liillier; 
and  that  h<»  had  i^ot  the  pJaidt-u  irowsers,  tliea 
wore  by  bim>  from  the  dedamni's  father,  or 
brother  Alkin ;  and  tins  is  also  signed,  place 
and  dale  aforesaid. 

Witnesses  (Signed) 

Donald  Campbell,    Ciiahlks  Stewart, 
J  A.  Campbell,  Arcm.  Campbell,  S.  D. 

The  said  Margaret  Stewart^  spouse  to  the 
saiil  James  Stewart  in  Aucharn,  being"  rc-exa- 
mined,  judicially  declares,  That  her  husband 
James  Stewart  was  at  home,  and  lay  in  rhc . 
same  bed  with  her,  on  Monday's  night  ibe  Ulli 
of  May  current.  And  this  is  also  truth,  as 
she  simll  answer  to  Gud  ;  and  declares  she 
cannot  write.  (Signed) 

Ancir,  Campbell,  S.  D. 

The  said  Elizabeth  Stetrart,  her  daughter, 
re-examined,  judicially  owns.  That  her  father 
was  at  home  on  Monday's  nipht  the  IJlh  day 
of  May  current  And  this  is  also  truth,  as 
she  fihall  answer  lo  Goil ;  and  declares  she 
ca  n  n  ot  wri  te .         (Sig  n  ed) 

Arch.  Campbell,  S.  D. 

At  Taynaheiniai^,  the  25th  day  of  May, 
1752  yeais,  tbe  said  ChurUs  Stewart,  beinif 
re-examined  by   the  said  sheriff- depute,  [udi- 
cially  declares,'ThBl  the  said  Allan  Breck  Stew- 
art bad  on  a  binck  short  coat  with  round  silver 
luMlons,  upon  the  oOlh  day  of  April  fast,  when  . 
he  came  to  the  declarant's  tUtber's  house  in  ■ 
Anchain  from  flannod» :    that  thi;  declarant 
left  the  said  Allan  Dreck  at  tiis  father's  Uq»w, 
be  himself  havinir,   npon  the  1st  day  of  May  '] 
current^  pane  to  Glenure   alon^  with  the  te- 
nants of  Ardsbief  and  Charles  Slewarr,  notary, 
to  t)e  a  witness  to  tbe  intimation  of  the  sist 
Ihey  had  obtained  against  the  decreet  of   re- 
moving ;  and  that  upon  his  return  thateveuint^, 
he  fuuad  tbe  snid  Allan  Breck  at  bis  lather's^ 
and  was  then  dressed  in  a  Mack  short  coat  and 
round  silrcr  buttons;  ami  then  ohsi^rveil,  that 
tbe  said  coat  was  lined  with  red  in  ibc  breast  and 
Fkirts;  and  that  the  said   Allan  told  bim,  tl^it 
be   had    c^ot    tbe   said   short  coat    from    the 
declarant's    father^     but  docs  not  remember 
when  it  was  be  loM  him  so.     DeclarcB  also, 
that  tbe  said  x4llaii   fbeck  Stewart  had  on  hhii:  - 
and    while    ti-owsers,    wi»en    he    t-ame    from 
Itann'ich  to   bis  fufher*a  houi^t*,  on   the  30ih 
day  of  Apnl ;    and  hud  tbem  liltmusc  on,  on 
(he  '^d  day   of    May  current,  tihcn  be  went 
(0  Cuil  in  Appin;  and  tbtii  he  wore  tbe  $ame 
dress  upon  the  3d  nud  4th  days  of  May  cur* 
rent:    that  the  iMiid  Allrin  did  put  on  his  siile 
blue  coat  on  tlie  5ih  tiay  oi  May  current,  when 
he  went  to  Appiu^s  houstf :    and  likewise  dc* 
dares,  that  he  saw  Allan  Breck*i*  blue  coat, 
upon  the  13th  current,  lyin^j;^  upon  a  trunk  in 
the  room  upon  the  rtgUi  hand  of  the  entry  of 
biii  lalherV  house;   that  the  ntmi  Allan  had  on 
the  saidblack  &huit  coat«  when  st  breakfast  at 
the  deciaratit'6  faiba'a  house,  u[iod  tlie  isilli 


lOS]  25  GEORGE  U. 

thfit,  in  a  conversation  the  declarant  had  with 
old  Buil-'chelish  on  the  Sunday  before  Gle- 
mire's  murder,  Ballachelish  then  told  the  de- 
clarant, that  the  man  that  had  taken  the  terry 
of  north  Ballachelish,  came  there  with  his  boat, 
and  was  refused  to  enter  to  the  possession  by 
the  tenants,  who  thought  they  had  as  good  a 
right  to  the  ferry  as  to  the  land :  that  there- 
upon the  ferry -man  drew  his  boat,  and  went  to 
Glenure,  the  tenants  being  resolved  to  keep 
their  possessions  for  the  year ;  and  that  Bal- 
lachelish said,  that  the  tenants  of  the  Ardshiel 
estate  had  as  good  a  title  to  sit,  as  the  tenants 
of  Ballachelish,  if  the  suspension  was  not  dis- 
cussed ;  and  that  it  was  a  cant  word  throogh 
the  country.  That  the  tenants  might  sit,  since 
the  worst  of  it  would  be  pay  in?  the  violent  pro- 
fits. Declares  also.  That  he  has  a  gun  and 
broad-sword  :  that  he  lefltheguu  in  his  father's 
brew- house,  and  the  sword  he  gave  to  John 
Maccbll,  his  father's  servant,  that  is  prisoner  at 
Fort-William :  that  John  lloy  Stewart,  nephew 
to  Fasnacloich,  lay  in  the  barn  with  the  decla- 
rant upon  Thursday's  night  the  14th  day  of 
May  last ;  and  that  John  Stewart  in  Auchna- 
coau  lay  in  the  same  barn  with  the  declarants 
brother  Charles,  being  the  night  that  the  said 
-Kwan  Koy  Maccoll  came  to  look  for  a  bed 
there.  This  judicial  ileclaration  emitted  in 
presence  of  the  said  aheritPsubslitute,  place 
and  date  f(»resaid,  before  these  witnesses,  the 
right  honourable  the  lord  Bury,  colonels 
Howard  and  Crawfurd,  Donald  Campbell  of 
Airds,  and  Colin  Campbell  of  Carwhin. 

Witnesses,  (Signed) 

Donald  Campbell.      Allan  Stewart. 
Co.  Campbell.  George  Douclas,  S.  S. 

At  Mary  burgh,  the  4th  day  of  June,  1752 
years,  in  presence  of  the  said  George  Dou;r|as, 
sheritr-suMtitute  aforesaid,  compeared  Charles 
Stewart^  Hon  to  James  Stewart  in  Aucharn  ; 
who  being  examined  judicially,  declares.  That 
be  was  at  home  all  day  of  the  14th  day  of  May 
last,  and  that  he  dined  with  his  father,  mother, 
brother,  sister,  and  Fasnacloich's  daughter; 
and  after  dinner  went  to  Auchindarrocb,  and 
there  conversed  with  Duncan  Maccorahie, 
Duncan  and  John  Maccolls,  and  others  that 
irere  covering  potatoes,  and  desired  Solomon 
Maccoll  to  gu  with  Fasnacloich's  daughter  to 
Ardnamurchau,  but  be  would  not  go:  that 
Fasnacloich's  daughter  and  the  declarant's 
sister  went  along  with  him  to  Auchindarroch, 
and  returned  before  him  to  Aurharn,  the  de- 
clarant having  stnid  ar quarter  of  an  hour  after 
them,  to  pL'Psuade  the  said  Solomon  to  go  to 
Ardnamnrchnii,  and  then  followed  them  di- 
rectly to  Aucharn ;  and  did  not  go  nearer  Let- 
termore  that  day,  than  the  place  where  the 
people  of  Auchrndarroch,  were  coreriog  pota- 
toes ;  and,  in  an  hour  thereafter,  went  with  Fas- 
nacloich's daughter,  and  the  declarant's  brother 
Allan,  and  sister,  to  JuKhaig,  where  he  re- 
ceived the  newt  of  Glenure's  murder  from 
John  Maccoll,  now  prisoner  at  Fort-William ; 
Mag  tent  there,  by  the  declarant*!  ftthcr,  to 


Trial  of  James  Stewart ^ 


[164 


desire  him  anil  his  brother  Allan  to  come  home ; 
but  that  his  said  brother  wos  gone  a  little  before 
the  said  Juhn  Maccoll  came.  Declares  also, 
that  he  saw  Ewan  Uoy  Maccoll,  brother  to 
Appin's  bouman  at  Koalisnacoan,  at  the  decla- 
rant's father's  house,  upon  the  evening  of  the 
14th  day  of  May  last  before  they  lighted  can- 
dles, and  told  he  had  come  from  Glenco  that 
day  ;  that  he  afterwards,  that  night,  came  into 
the  barn  where  the  declarant  was  lying  with 
his  uncle  John  Stewart,  looking  for  a  bM,  and 
was  directed  to  lie  with  the  servants  in  the  other 
barn  in  Aucharn.  Declares,  that  upon  hia 
return  from  Inshaig  with  the  said  John  Mac- 
coll, prisoner,  that  the  declarant  asked  him 
where  Glenure  was  murdered,  what  way  it  war 
done,  and  if  any  person  was  seen  by  the  place? 
and  that  the  said  John  answered;*  That  it  was 
done  in  the  wood  of  Lettermore ;  whether  it 
was  south  or  north  of  the  houses,  he  could 
not  tell ;  that  it  was  by  a  shot,  and  that  there 
was  a  man  or  two  seen  near  the  place ;  and 
this  is  all  the  declarant  remembers  of  the  con- 
versation upon  that  head ;  and  that  upon  hit 
coming  home,  he  heard  his  father  desire  the 
people  of  Auchindarroch  to  go  and  take  care  of 
the  corpse ;  and  that  his  father  proposed  to  go 
himself,  but  that  his  wife  would  not  let  him  ; 
and,  at  the  same  time,  heard  his  father  tay 
that  he  would  he  suspected  of  the  murder,  as 
he  was  taking  so  much  part  with  the  tenants 
against  Glenure  the  factor:  that  be  heard 
Kwan  Uoy  Alaccoll  say,  u|K)n  the  13th  day  of 
Mny  last,  that  he  wondered  that  Glenure  was 
removing  the  tenants  that  paid  their  rent  well, 
and  were  willing  to  qualify  to  the  government: 
that  he  observed  his  father  and  the  said  £wao 
Roy  Macctdl  liave  several  conversations  aside 
about  that  lime.  This  declaration  emitted  ju- 
dicially, p!ace  and  date  foresaid,  before  these 
witnesses,  Donald  Campbell  of  Airds,  andColio 
Campbell  of  Carwhin,  esqrs. 

Witnesses,  (Signed) 

DoKAi.D  ('ampisell.        Charles  Stewart. 
Co.  Campbell.  George  Douglas,  S.  S. 

ChatLs  Stewart,  son  to  the  said  James 
Stewart  in  Aucharn,  being  solemnly  sworn 
and  examined,  depones.  That,  upon  Tacsday 
the  .0th  day  of  May  current,  the  deponent  and 
the  suid  Alhui  Breck  Stewart  went  from  the 
deponent's  father's  house,  where  the  said  Allan 
had  been  on  ntid  from  the  Ut  current  (except 
that  he  was  Saturday's  night  at  Cuil),  and 
stayed  at  Appiirs  house  on  Tuesdav's  night, 
were  Wednesday's  night  at  Auchnacoan's, 
Thursday's  niglit  at  Auchaouran's,  FridaVy 
Saturday,  and  Simday's  night  at  Fasnacloich's, 
and  came  on  Monday  the  11th  current  to  bis 
father's  house :  that  the  dress  the  said  Allan 
wore  all  this  while,  was  a  long-bodied  blue 
coat,  red  waistcoat,  black  breeches,  a  hat  with 
a  black  feather,  and  tartan  hose,  with  a  biff 
coat  dun-coloured  ;  in  which  very  dress,  ana 
with  which  big  coat,  he  came  along  with  the 
deponent  to  his  fiither's  house  upon  the  11th 
're  that  night,  ud  tiM 


current,  continned  there 


165] 


Jot  Murder. 


4epoD€Ot  and  he  Uy  tO(;etber :  that  he  rose 
bdbre  ibe  deponeot  ou  Tuesday  the  12th  cnr- 
Rot,  but  that  the  deponent  was  up  before  he 
left  bii  father'* ;  and  that  as  he  was  going 
away,  which  wan  about  8  or  9  of  the  clock  in 
the  vaoniugf  was  told  by  him  he  was  going 
for  Glcneo :  that  then  be  had  on  the  whole  of 
the  same  dress  as  abore  described :  that  the 
depsaeol  accompanied  him  to  Kintatline,  and 
M  sot  part  with  him  any  where  on  the  road  : 
ibal  tbey  paused  through  Aochindarroch  and 
Lijpnba,  and  spoke  with  some  people  as  they 
vest  akmg,  particularly  Alexander  Stewart 
B  fff?;p^f**j  and  Alexander  Stewart  his  son : 
tkat  the  blue  coat  Allan  wore  had  yellow  metal 
knttons:  that  the  deponent  and  he  parted  at 
Kiutalliue,  after  the  deponent  asked  John 
Breck  Haccombie  for  ale  there.  And  this  is 
trslh,  as  he  shall  answer  to  God. 

(Signed) 
Aacs.  Campbell,  S.  D.    Charles  Stewart. 

MtLTgarel  Stevare,  spouse  to  James  Stewart 
is  Aucbam,  being  solemnly  sworn  and  exa- 

'  id,  depones.  That  Allan  Breck  Stewart 
i  to  her  house  upon  Monday  immediately 
i  Glenore's  murder,  dressed  as  mentioned 
is  the  last  deposition,  and  with  a  big  coat  of  the 
sme  colocir ;  that  he  stayed  all  night,  and  went 
away  next  dby  about  8  or  9  of  the  clock  in  the 
fcreaooDy  dressed  in  the  same  habit ;  and  at 
bb  taking'  leaye  of  the  deponent,  asked  her,  if 
ibe  had  any  commands  for  Rannoch  ?  That, 
16  the  best  of  her  knowledge,  he  came  by  him- 
scV,  and  went  away  by  himself.  And  this  is 
Ibe  truth,  as  she  shall  answer  to  God  ;  and  de- 
dvcsshe  cannot  write.    (Signed) 

Arch.  Campbell,  S.  D. 

EUzabeik  Sieaart^  daughter  of  the  said 
iiaes  Stewart  in  Aucharn,  being  solemnly 
■swa  aad  examined,  depones,  conform  to 
bcr  BMlber's  deposition  in  every  thing,  only 
Ikil  the  is  positive  that  Allan  Breck  Stewart 
cine  sll  alone  to  Aucharn,  u|>on  Monday  im- 
■edincly  before  Glenure's  murder,  she  having 
•Ro  bim  come  there.  And  this  is  truth,  as 
■be  shall  answer  to  God ;  and  declares  she 
CHSot  write ;  and  adds,  that  Solomon  Macc^iil, 
in  father's  servant,  went  off  for  the  south 
(MMry  upon  Saturday  the  16th  current. 
(Signed)        Arch.  Campbell,  S.  D. 

Ckarlet  Stewart,  son  of  the  said  James 
^mrt  in  Aucharn,  being  re-examined,  judi- 
cid^  acknowledges,  That  Dugald  MaccoU, 
Un  declarant,  told  the  said  Charles  Stewart, 
ikM  there  were  arms  in  his  father's  house, 
*bich  he  had  hid ;  and  this  judicial  acknow- 
Ulgment  is  signed  this  23d  day  of  May,  1752 

^1,  before  these  witnesses,  Donald  Camp- 
af  Airds,  and  James  Campbell,  writer  m 
bvtrary,  writer  hereof. 

Witnesses  (Signed) 

Donalo  Campbell.      Charles  Stewart. 
Ja.  Campbell. 

Thereafter  the  said  ClutrUi  Stewart  judi- 
Mf  o«Bi|   That,  upoo  tha  lUth  day  of 


A.  D.  1752.  [166 

May  current,  the  black  short  coat  with  silver 
buttons,  then  wore  by  Allan  Breck  Stewart, . 
was  given  to  him  by  the  declarant's  father; 
and  that  he  had  c^ot  tiic  pkiiJ'jn  trowsers,  then 
wore  by  him,  from  the  declarant's  father,  or 
brother  Allan ;  and  this  is  also  signed,  place 
and  date  aforesaid. 

Witnesses  (Signed)' 

Donald  Campbell.    Charles  Stewart. 

Ja.  Campbell.  Arch.  Campbell,  S.  D. 

The  said  Margaret  Stewart,  spouse  to  the 
said  James  Stewart  in  Aucharn,  being  re-exa- 
mined, judicially  declares,  That  her  husband 
James  Stewart  was  at  home,  and  lay  in  the 
same  bed  with  her,  on  Monday's  night  the  11th 
of  May  current.  And  this  is  also  truth,  as 
she  shall  answer  to  God ;  and  declares  she 
cannot  write.  (Signed) 

Arch.  Campbell,  S.  D. 

The  said  Elizabeth  Stewart,  her  daughter, 
re-examined,  judicially  own«,  That  her  fathet 
was  at  home  on  Monday's  night  the  11th  day 
of  May  current  And  this  is  also  truth,  as 
she  shall  answer  to  God ;  and  declares  she 
cannot  write.        (Signed) 

Arch.  Campbell,  S.  D. 

At  Taynaheinsaig,  the  25th  day  of  May, 
1752  years,  the  said  Charles  Stewart,  being 
re- examined  by  the  said  sheriff- depute,  judi- 
cially declares.  That  the  said  Allan  Breck  Stew- 
art had  on  a  black  short  coat  with  round  silver 
buttons,  upon  the  30th  day  of  April  last,  when 
he  came  to  the  declaraiu's  father's  house  in 
Aucharn  from  Uannocli :  that  the  declarant 
lef^  the  said  Allan  Breck  at  his  father's  house, 
he  himself  having,  upon  the  1st  day  of  May 
current,  gone  to  Glennrc  along  with  the  te- 
nants of  Ardshiel  and  Charles  Stewart,  notary, 
to  be  a  witness  to  the  intimation  of  the  sist 
they  had  obtained  against  the  decreet  of  re- 
moving ;  and  that  upon  his  return  that  evening, 
he  found  the  said  Allan  Breck  at  his  father's, 
and  was  then  dressed  in  a  black  short  coat  and 
round  silver  buttons ;  and  then  observed,  that 
the  said  coat  was  lined  with  red  in  the  breast  and 
skirts  ;  and  that  the  snid  Allan  told  him,  that 
he  had  got  the  said  short  coat  from  the 
declarant's  father;  but  docs  not  remember 
when  it  was  he  told  him  so.  Declares  also, 
that  the  said  Allan  Breck  Stewart  had  on  blue 
and  white  trowsers,  when  he  came  from 
Kannoch  to  his  father's  house,  on  the  30th 
day  of  April ;  and  had  them  likewise  on,  on 
the  2d  day  of  May  current,  when  he  went 
to  Cuil  in  Appin;  and  that  be  wore  the  same 
dress  upon  the  3d  nnd  4th  days  of  May  cur- 
rent :  that  the  said  Allan  did  put  on  his  side 
blue  coat  on  the  5lh  day  uf  May  current,  when 
he  went  to  Appin's  house :  and  Iikt>wise  de- 
clares, that  he  saw  Allan  Brock's  blue  coat, 
upon  the  13th  current,  lyinj;  upon  a  trunk  in 
the  room  upon  the  right  hand  of  the  entry  of 
his  father's  house:  that  the  said  Allan  had  on 
the  said  black  short  coat,  when  at  breakfast  at 
the  declarant'ft  father's  house,  u^wn  the  IStli 


167]  25  GEORGE  U. 

d:iy  of  May  current,  but  had  on  no  jockey- 
coat  then.  This  declaration  is  judicially 
si!;ned,  place  and  date  foresaid,  before  these 
wiiiipsses,  Donald  Cain|ibc'll  of  Airds,  and 
Colin  C»in|)b<ill  of  Car«%hin. 

W  iini'sisps  (Signed) 

Donald  Campbell.    Charles  8tewart. 

CoLLN  Campbell.      Abcu.  Campbell,  8.  D. 

The  said  Margaret  Stewart,  spouse  to  the 
faid  James  Stewart  in  Aucharn,  bein^  re- 
exaniiiied^  declares,  That  the  black  short  coat 
now  aheivn  to  her,  is  the  same  which  was 
broiif(bt  from  her  house  upon  Saturday's  even- 
in(f  the  23d  current,  and  belongs  to  Allan 
8tewarl,  her  son:  that  her  husband  has  had  no 
black  coat  lor  three  quarters  of  a  year  past ; 
and  that  the  last  black  short  coat  be  had,  was 
given  by  him  to  John  More  Maccoll ;  and  that 
ihc  round  siker  buttons,  which  are  upon  the' 
coat  now  produced,  were  formerly  -unon  the 
coat  gi?eu  to  the  said  John  More  Maccoll. 
This  judicial  declaration  is  emitted  this  25th 
day  of  Maj',  1752  years,  before  these  wit- 
nesses, Coliu  Campbell  of  Carwhin,  and  Do- 
nald Campbell  of  Airds;  and  the  declarant  de- 
clans  she  cannot  write. 

Witnesses  (Signed) 

Collm  Campbell.  Arch.  Cami^ell,  S.D. 

DOxNALD  Campbell.  . 

The  said  Margaret  Stewart  also  owns.  That 
there  was  a  ffun  in  her  husband's  house  this 
spring*,  which  she  saw  her  Kon  Allan  go  out  with 
once  or  twice  to  kill  blackcocks.  This  judi- 
cial declaration  is  also  signed,  place  and  date 
aforesaid,  and  before  the  witnesses  above  named 
and  designed. 

Witness  (Signed) 

Donald  Cam  pbell.        Arch  .  Campbell,  S.  D. 

Letter  addreued  to  Duncan  Stewart  of  Glen- 
buckie. 
'*  Now  I  am  sorry  to  acquaint  you,  affairs  is 
going  quite  wrong  u{)on  this  estate  of  your 
cousin's:  Glenure  wants  Ardshiel  and  Letter- 
more  in  his  own  hands,  and  more  rent  for 
our  tenement,  and  the  carriages  to  himself. 
Mow  far  these  things  will  take  place,  God 
knows!  the  man  that  makes  the  u hole  noise, 
18  Rallieveolan,  upon  account  of  our  keeping 
John  More ;  for  he  does  not  deny  but  what  he 
oflft^rs  more  rents  for  Glenduror,  and  gives  this 
as  his  reasons.     Hovrevrr,  it  shall  be  a  dear 

glen  to  them  or  they  shall  have  it.  All  you 
eard  about  the  country  is  true :  1  go,  in  a  few 
days,  to  K.ngailoch  for  the  stallion,  which 
«t:;Dds  us  eight  guineas ;  he  wants  to  harrow 
him  this  spring,  and  to  get  him  broke  for  the 
saddle  ag:un  harvest.  Fasnacloich  has  made 
the  purchase  for  himself.  You'll  not  neglect  to 
seud  ail  the  money  you  can  in  a  very  short 
time,  as  money  never  was  scarcer  in  this  coun- 
try. Riugailoch  has  got  money ;  to  that  we 
are  sure  of  his  cows.  Malcolm  Livingston  hat 
rent  for  more  money ;  for  be  employed  what 
he  got.  I  shall  refer  the  whole  history  of  th« 
coantry  till  I  -have  the  plewure  i»f  aeeuig  joo. 


Trial  qfJame$  Stemartf 


[168 


I  begyouMI  not  neglect  ■ending  a  wrvaot  toon, 
with  as  much  as  possible;  let  nothing  stop 
him.  Neglect  not  about  your  brother.  No 
more,  but  my  compliments  to  Mist  Jeany^ 
Sandy,  and  little  Dvinald,  is  all  from,  dear 
cousin,  1  am  year  affectionate  cousin, 

(Signed)        "  Allan  StEWABT." 
<<  Dated  Aucharn,  April  the  let,  1751." 

Maryhurgh^  4th  June,  1758  years.  This  . 
letter  was  tuund  among  James  Stewart  io 
Aucharn 's  papers,  and  shewn  this  day  to  Allan 
Stewart  his  son,  who  refuses  it  to  be  his  hand- 
writing, in  presence  of  Colin  Campbell  of 
Carwhin,  and  Donald  Campbell  of  Ainb,  esqrs* 
two  of  his  majesty's  justices  of  peace  for  Ar- 
gyllshire. 

Witnesses  (Signed) 

Donald  Campbell,  Arch  .  Campbell,  S.  D« 
Co.  Campbell. 

The  above  letter  was  addressed  on  the  back« 
"  To  Duncan  Stewart  of  Glenbuckiey  at  Brcn- 
chyle." 

Jame»  Stewart  to  Charlet  Stewart^  Notary, 

**  Dear  Charles ;  Not  knowing  of  yoor  re* 
torn  from  Mudart,  sent  for  your  father  Toes- 
day's  afternoon ;  but  the  rascal  I  seat»  weol 
not  by  Gleocrearan  that  night,  by  which  1» 
uiissed  the  old  man,  who  went  a-fishiog,  at 
you'll  see  by  the  inclosed,  early  that  morning; 
which  I  reckon  a  very  great  misfortune.  The 
next  best  1  can  think  of  is,  that  yon  be  btra 
without  fail  this  night,  if  you  should  hire  a 
horse,  as  every  thing  must  go  wrong  without 
a  person  can  act,  and  that  1  can  trust.  Tliis  m 
such  a  tie  upon  all  the  memberij  of  our  family, 
that  I'll  press  you  no  further,  but  do  depend  oo 
seeing  you  once  this  night ;  and  am  your  own, 
&c.  dear  cousin, — (Signed)  James  Stewabt." 

**  Aucharn f  May  14th,  eight  o'clock  morn- 
ing, 1753." 

'*  P.  S.  As  I  have  not  time  to  write  to  Wil- 
liam, let  him  send  down  immediately  8/.  ster- 
ling,  to  pay  four  milk  cows  1  bought  for  hit 
wife  at  Ardshiel." 

Addressed  on  the  back  thus:  « To  Mr. 
Charles  Stewart  at  Auchiutour.    Per  express." 

Wtlliam  Stewart  to  James  Stewart. 

*•  Maryburgh,  Maif  14,  1759. 
'*  Dear  Sir ;  I  send  the  bearer  Vor  the  best 
mare,  atil  my  young  lieasls  in  Salachan; 
unless  you  keep  by  it  (i%hich  1  think  yoa 
outfhi),  and  send  some  other  btui}'  np  with  him, 
and  let  them  carry  the  milk  (jows  you  l>ought 
for  me.  Let  the  filly  be  grazed  Iherfabontf, 
waiting  market. — 1  find  Glenure  has  a  mind  to 
eject  the  tenants ;  but  they  oughi  tu  be  deaf  to 
it,  and,  at  all  risques,  keep  |M»Bsession,  as  thej 
are  in  good  hands,  as  it  must  end  in  exchequer; 
so  that  1  beg  they  keep  possession ;  as  there 
will  be  no  tnM>|)s,  they  ought  to  repel  force  bj 
force,  and  take  their  hazard  of  the  consequence; 
as  it  eao  be  no  more  than  violent  profits,  which 
is  oftM  OMdifiod  in  inftrior  courts,  beaidctth* 


109] 


^r  Murder, 


A.  D.  17««; 


[iro 


ocbimr,  who  will  infiiM  for  no  BMch  ;  limr 
dnef  ml)rii  brrn^  to  Imre  a  Mett  ot  ]ieftC(r!il»)e 
toniotry,  a»^  a  viell  iittid  rent  ;  so  ihut  the 
people  f>4 >>/!>»  I'i  K<?  a'^vureil  tbey  i^hall  b«  su|]- 
]ir«rted  a^  «  wdi,  which  imi  iJmiNt  mti:»t 

lilirillitt'  II  ta%«)ur<);  and  atn,  <ie»r  ^ir, 

yiarcMrn,  ^c,<^(^f««(/^  William  Htewast/^ 

>il  on  the  back  thus :  ''  To  I^Jr.  Jumes 
tin  Aucharn.*' 

Wrut€  on  the  back  thus : 

••  Marykvrgh,  the  5lh  day  of  June,  1759.— 
Tte  m  ibe  LfUer  reUtife  to  the  tleclaraiion 
esiCtod  Ibi^  Jay  bctWe  me^  by  William 
Jlnr&K«  merchant  in  lllar>bnr}jrh. 

(St^nifd)    **  GcoHOE  DoccLAs^  S.  S." 

Jama  Sttwart  to  John  Mucfttrlane. 

>  Sir  ;  JhsI  now  hud  )<our  faTour,  and  am 
llicse  fiiior  tenants  shouhl  have  made  use 
I  ffir  re|ireaenting  iUvit  grievance,  a^  in 
ill  appearance,  it  hai  bmirgHt  a  frr^at  iWni  of 
teooMf  npnn  mc;  being  carried  here,  and  my 
ift'  <Uy  last  Mis|>ecicd  in  be  kno^ioif 

h.  un  murder  uf  Glenitre,  who  Mas 

ibot  ile^i  unon  ThursfUy  the  i4tU  current,  m 
Itond  within  two  niilcii  of  my  house,  jt  ie 
Mt  jirel^oded  that  I  or  my  son  were  actor»  in 
Ml lUNTid  action,  as  HC  both  can  he  itell  at- 
iiled;  but  atteKes,  it  was  a  {irempflilated  thioLS 
llvhich  I  must  have  been  Uiio^in^  :  liut  so 
ftrMliCT^i»e»tbat  no  man  (i  tliaok  tti>d)  uhhor^ 
ttfidmor^.  and  would,  if  at  liht-rly,  dti  «H 
kmy  power  to  briflt,'  it  to  hifht,  Therf  t»  ouc 
AHliiSlewiirt,  tt  difitant  friend  of  the  late  Atd- 
1^%  who  ti  in  the  French  service,  and  cume 
mrio  Marclk  la&t,  as  be  said  to  come,  in  order 
kwttU*  at  home  ;  lo  olbera,  that  he  was  to  go 
Mn  haek  ;  and  was,  as  1  hear,  ilie  day  the 
imier  wa4  commit  led,  seen  nnl  fur  from  tlie 
fill*  where  it  htippened^  iin'l  h  now  not  to 
Wifrn  I  by  which  it  in  beliere<l  be  was  the 
^lir;  be  is  U  ile^p^'iate  foolish  fellow  ;  mtd^  if 
Wtoifnilty,  came  to  the  cotinrry  for  lliat  fery 
iBfiaie.  He  in  a  tall  pock  pitted  lad«  very 
Nik  batr,  and  wore  a  blue  coal  and  metal 
btUMtt,  an  otd  red  reHt^  and  breecUeA  of  lite 
Cidtiur.  1  would  own  my«<elf  under  many 
loot  to  any  friend  would  diHCorer  him ; 
ir^'n**  «ouib|  ill  order  lo  em- 
jiortunily  of  tfoini;  Hbrtiad. 
be  atayed  m  Mr.  Hu*fh 
'•  at  the  hack  of  ihe*Fountaiii-we)t ;  an 
^CVaa  you  have  any  regard  lor  my  interest, 
ittMueitd  all  ih;ii  wiali  the  cnimlry  w«  ll  ii»  he 
li  ittrela  of  him.  What  makes  my  confine^ 
Wl  ftry  uneasy  to  me  is^  that  this  is  the 
1^  of  tlie  ^ear  that  my  ouKiness  wmdd  re- 
fnvni^  ure^nce  must;  having  bou'fhl  ealtle 
(aliff^m  1  ye;^rly  «'eal)  in  ditlifeni  couMtri^s, 
s*4  taken  t^niMui^K  jiouth  for  the  cattle,  wliich 
I  iBwm  pay ,  it  t  ihould  never  send  a  hea.<(t  upon 
Hi  HhicU  I  (Mil  uf<aid  will  be  the  cuve  if  either 
My  «i»q  «ir  M4t  Ite  not  ailmiited  to  b>iil,  to  |iut 
^affairii  HI  or*ler'.  to  bt»[»i'»<  vou1i  K|iare  no 
puu  CO  llii«,  m%  Airdii  and  Appin  will  bail  me 
btD^  tom  wlutftcjr. 


ll   ^ 


i6||liai)i  to  any  friei 
M  ftniiaded  be  i»  u^ 
tasr  ibf  finit  oppor 
^^^at  Edadhirifh, 
^••trt'a  at  the  hack 


**  Your  return  IMI  eqiect  in  course  of 
post;  and  am,  with  complimeata  to  your  ludy 
and  self,  dear'Hir,  your  humlde  servant^ 

(Stgned)     *'  James  SriWAiT.** 

**  Fori  WtUiam,  May  19, 1752*'* 

Addresaed  thus:  **  To  Mr.  John  Mncfarlane, 
writer  to  the  signet ;    in  hiii  absence^  to  Mr, 
John    Flockh:irt,  his    prhicipnl    clerks  at  hif  ' 
bouse  in  the  Mint,  Edinburgh.'* 

Inverar^.  September  25,  1752.— This  is  llm  ] 
Li- Iter  releiTed  to  iu  colonel  Cniwfurd**  ofttb 
of  ibis  date. 

Follows  the  WnmNOft  produced  for  tbeI 
Kanpsel,  B£i?jG  Five  Lettetis  whote  to  ] 
Hill  6T  Colin  Campbell,  or  Glcmuhe. 

•*  GUnuftf  NovcMilftr  8,  t74S. 
*^8ir;  I  think  1  can   now,  >%iih  ioroe  cer*^ 
tainty ,  tell  you,  thai  I  am  appointed  factor  over 
ilie  lunds  you  posses.^,  ami  other  lauds  ibat  be*  I 
lonjfed   lo  your  brolher  Ardsbiel  j   aud  as  tht 
term  it  oow  at  band,  will  beg^  the  favour*  you  I 
desire  tite  teuanta  and  pusaessora  to  be  prepar*  < 
111^  the  rent*.     1  am,  8ir,  ymir  niovt  ouedtent 
bumble  servant.  (Signed) 

*♦  Cou?«  Campbell.** 

Addresseti  tliui:    **  To  Jamea  Stewart  ui 

Aucbindarrucb,  iu  I)umr/' 

'\Glenure,  October  H,  1749. 
**  Sir ;   As  [  intend  >1oaday  next  to  be  id 
Diiror,  to  hold  a  Immu-bai  he -court  on  the  es* 
tate  of  Aidiiliicl,  and  c^l  for  bygone  renU,  hnve  I 
sent  you  thin,  to  beg  the  fa  tour  yn\t  would  let  i 
the  tenants  know  of  ii,  that  they  muy  be  pre*] 
pared  to  make  pay  meuts,  aud  not  he  mil  of  th«  t 
way  ;  and  I  shall  be  i^M  to  ha«e  the  plea&urft j 
t>f  seeintf  you  at  Tayiiahcinaaig'  Monday  after*  J 
noon.     1  am,  Sir,  your  m«>«»t  obediejit  huuibte 
servant,  (Stgnad) 

**  CuLiN  CampdellJ^ 

Addressed  on  the  back,  *<  To  Mr.  Jamei 
Stew  art,  brother  to  Ardshiel." 

*»  Glenurt,  Dtitmber  it.  174^. 
*'Sir;  This  knomem  1   hiid  ^ourn  by   youf  | 
servant^  wjib  the  'iOt.  18«  bd  sierhutf,  and  iht ' 
warrHut  I  tsjrmerly  ifave   yon.      Iiecei%e  in*  I 
closed   yiiur  nule  :    your   p^ymeula  are    ver^ri 
'  i^ood,  Itji  which    I  am   obb^ed   to  you.     t  in- J 
lend,  God  will,  to  he  al  Ediubur|rh  on,  or  a  da/^ 
or  two  belbre  the  25lh  curreui  ;  ihal  ia,  i  io- 
teud  lo  »et  out  frum  llii*^  pla«;e  thi'<  day,  or  to- 
morrow ei^ht  day ^, and  will  i£i»l>y  Gla^iow, and 
make  no  slop  by  the  way.     Krmeinber  ladjr  | 
Ardsibiera  ditcbar^rs,  an*!  all  yunr  iHber  tackv 
ling.     I  heartily  winIi  you  a  if oimI  journey, 
(Signed)  "  **  CouN  Campbell.*' 

**  My  wife,  whu,  1  find,  is  your  sincere  well- 1 

wisher,  returns  you  her  beuriy  tlianki»,  aud  is  J 
ftorry  you  have  hud  iudi  bad  weather  to  travel^  \ 
wfheu  you  are  so  weak/* 

Addressed  on  the  back  thua :  "  To  Jattlt 
Stewu-t  in  Auchiudarrocb  to  Dtir^.** 


171] 


25t3£ORG£  IL 


Trial  of  James  Stetvarff 


[172 


"  Glenure,April6,.17SO. 
«  Sir ;  1  have  youra,  and  think  it  is  quite 
right  to^have  buriiemen:  tliey  are  frequently 
very  necessary,  and  can't  well  be  wanted. 
You  will  tlierefbre  appoint  two  discreet  honest 
men  fdr  that  pur|>ose  of  the  tenants ;  and,  to 
prefortiany  conoplaints  or  objections,  be  sure 
you  prear  them  to  fidelity  in  their  office.  My 
wife  returns  you  her  thanks  for  your  good 
wishes.    I  am,  8ir,  your  most  obedient, 

(Signed)    "  Colin  Campbell." 

Addressed  on  the  back  thus:    <'  To  Mr. 
James  Stewart  in  Auchuidarrocb." 

«*  Glenure,  March  14, 1751. 
<<  Sir ;  After  yon  left  this,  something  has 
occurred  that  makes  it  necessary  that  you  do 
not  set  any  part  of  Ardshiel,  Auchindarrocli,  or 
Aucharn,  till  I  see  you  after  my  return  from 
Jn?erary  ;  which  is  the  reason  I  run  vou  this 
express.  I  am,  Sir,  your  affectionate  liumble 
serTant,  (Signed) 

.  "Colin  Campbell." 

Addressed  thus:    "  To  James  Stewart  of 
Aucharn,  Duror." 


Then,  the  Proof  on  both  sides  being  conclud- 
ed, the  lord  Elchies  said  to  the  Lord  Advocate, 
that  now  was  his  time  to  proceed  to  give  his 
Charge  to  the  Jury ;  which  his  lordship  did  us 
follows.* 

Lord  Advocate  : 

Gentlemen  of  the  Jury  ;  It  now  becomes 
my  duty,  to  be  assisting  to  you  in  the  dis- 
charge of  yours,  by  staling  to  you  this  case, 
and  summmg  up  the  evidence  that  hath  been 
gifen  in  your  presence ;  which  I  shall  now 
proceed  to  do  as  well  as  1  am  able,  after  so  long 
an  attendance. 

That  attendance,  I  am  sensible,  must  have 
been  very  heavy  ujion  you,  and  hath  been  such, 
as  the  like  hath  not  happened  since  the  Circuit- 
Courts  of  Justiciary  were  brought  to  be  held  in 
this  county  :  but  1  hope  you  will  not  repine  ot 
the  great  fatigue  of  this  trial,  in  a  case,  whereof 
the  importance  is  as  unusual  as  the  length  of 
it ;  and  in  which  your  giving  a  just  verdict 
will  be  highly  for  the  service  and  credit  of  your 
country. 

I  need  not  resume  to  you,  gentlemen,  the 
libel  or  indictment,  whereof  I  presume  you 
have  been  furnished  with  printed  copies  before 
you  came  here ;  that,  being  thereby  informed 
of  the  principal  circumstances  which  have  been 
discovered  concerning  the  murder  of  Mr.  Camp- 
bell of  Glenure,  you  might  have  leisure  to  weii^h 
the  Import  of  these,  and  be  the  better  enabled  to 

*  N.  U.  By  the  16th  act  Anno  1071!,  con- 
cerning the  regulation  of  judicatories,  article 
tenth,  on  the  justiciary  court,  it  is  provided  in 
these  words :  **  That,  id  all  criminal  pursuits, 
tiie  defender,  or  his  advocate,  be  always  the 
laii  speaker,  except  in  cases  of  treason  or  re- 
bellion agiinii  the  king." 


attend  to  the  evidence  that  should  be  broogbt 
before  you  ;  and,  on  the  other  hand,*  the  pan- 
nel  James  Stewart,  who  is  now  standing  bis 
trial,  was,  by  that  libel,  fairly  informed  of  the- 
principal  facts  and  circumstances  that  were 
then  discovered  against  him,  so  as  he  migbl 
have  opportunity  to  account  for  these,  and  <£er 
himself,  if  notwithstanding  such  strong  appear- 
ances, be  was  truly  innocent. 

The  crime  itself,  which  gives  occasion  to 
this  trial,  was  of  its  nature  the  roost  horrid  and 
atrocious  that  can  well  be  conceived.  Wilfbl 
murder,  at  any  rate,  is  a  crime  most  heinous ;  * 
and  concerning  the  first  murder,  God  Almighty' 
himself  said  to  Cain,  "  The  voice  of  thy  bro- 
ther's blood  crietli  unto  me  from  the  ground.*' 
And  the  murder  now  in  question,  as  to  this 
panucl's  accession  to  it,  was  one  of  the  most 
causeless  and  un provoked  that  ever  happened. 
Poor  Mr.  Cam|»b6ll  of  Glenure  was  cut  off  in 
the  vigour  of  his  life,  in  the  very  roarJ  of  his 
duty  in  the  king's  service,  and  for  no  other 
cause  or  provocation  than  his  doing  that  duty ; 
and  then  was  he  basely  assassinated  by  a  ruf- 
fian, who  lay  in  wait  for  him,  and  shot  him 
from  behind  his  hack,  so  as  he  died  upon  the 
spot,  leaving  two  infant  children,  and  bis 
widow  pregnant.  And  to  this  horrid  violatMm 
of  the  laws  of  God  and  of  humanity,  is  to  be 
added,  in  the  present  case,  that  the  sole  ofiieooa 
taken  at  Glenure  was  his  acting  in  the  quaiitr 
of  factor  on  the  forfeited  estate  of  Ardshiel, 
agreeably  to  bis  powers  and  instructions  from 
the  barons  of  Exchequer,  as  being  administra- 
tors for  the  king,  whose  property  that  estate 
was  ;  and  it  was  resented  as  a  capital  injury, 
that  tlie  king's  factor  should  venture  to  exer- 
cise his  maj^ty's  property  as  freely,  as  every 
subject  may  do  his  own. 

And  last  of  all,  that  this  murder  was  com- 
mitted on  the  14th  day  of  May  last,  just  seven 
weeks  after  his  majesty  had  given  his  royal  as- 
sent, and  passed  into  a  law,  the  bill  for  annex- 
ing this  and  other  forfeited  estates  to  the  crown 
unalienably,  and  for  applying  the  rents  and 
profits  thereof  for  the  better  civilizing  and  im* 
proving  the  fJighlands  of  Scotland. 

The  clemency  of  the  kin^  had  been  extended 
early  after  the  last  rebellion,  by  the  ad  tf  • 
grace  of  the  20th  year  of  his  reign,  of  whick 
the  pannel  James  Stewart,  among  many  otben, 
had  the  benefit;  and  other  l^nefioal  lawn 
were  then  made,  to  secure  and  promote  freedofl^ 

{property,  and  good  order  in  all  parts  of  Scot- 
and.  And,  to  crown  all,  this  last  most  benefi- 
cent act  was  made,  for  the  more  immediate 
benefit  of  the  Ilii^hlands  of  Scotland,  out  of 
which  three  rebellions  have  been  raised,  since 
the  accession  of  the  royal  family  now  happily 
reigning ;  an  act  of  beiiefieeoce  not  to  be 
paralleled  in  history,  and  calculated  to  render 
all  the  inhabitants  of  the  Highlands  good  and 
useful  subjects,under  this  government,  by  mak* 
ing  them  feel  their  own  interest  in  being  ench. 
and  render! UQf  the  meanest  of  them,  who  will 
be  honest  and  industrious,  free  and  happy :  and 
at  such  n  juncture^  the  murder  you  i 


173] 


Jbr  Murder. 

_  into  receired  qo  sinali  aggravation,  aj 
K  was  flying'  id  the  face  of  the  legtalature  itself, 
■id  endcAfourioi^y  as  much  as  in  these  crimi- 
■ab  lay,  to  defeat  or  discourage  the  prosecution 
afancaaure  of  gOTernnient,  so  highly  gracious 
aadhcDcficiaj  to  this  country. 

TM  tralh  is,  freotlenaen,  that  though,  God 
he  praned,tbe  Highlands  of  Scotland  are  in 
this  age  leas  barbarous  than  they  have  l)een  in 
femcr tines ;  yet,  in  our  own  time,  there  have 
bcffB  nch  instances  of  remaining  barbarism,  as 
sarve  la  prove  but  too  strongly,  that  these  coun- 
iMsiaiid  yet  in  need  of  being  better  civilized. 
;  it  was  in  the  year  1734,  that,  for  an 
\  of  the  same  nature  with  what  was  here 
taken,  an  attempt  to  remove  certain  Macpher« 
sons  hvinip  on  the  estate  (»f  the  duke  of  Gor- 
din  in  Badenocb,  the  late  (jlordon  of  Glenbucket, 
bii  factor  or  tacksman,  was  invaded,  and  r«;- 
ceived  many  wounds,  givrn  with  intent  to  be- 
him  of  his  life,  thuui>h  he  chanced  to 


A.  D.  1752. 


[174 


Yoo  mast  all  rcmerubrr,  how  Imsely  captain 
'Monro  of  Cukairn  ivas  assassinated,  by  lying 
la  wair,  when  be  was  nctini:  in  his  duty  in  the 
king's  service,  soon  after  the  defeat  of  the  late 


AaA  yon  most  have  all  heard  of  the  late  barba- 

laos  enterprise  of  Robert  Macgregor  and  bis 

aceomplices,  in  carrying  oflf  from  her  own 

ksuMj  the  unfortunate  Jean  Kay,  a  young 

widow  and  an  heiress,  in  the  deptli  of  winter, 

aad  middle  of  the  night,  into  remote  parts  of 

Ikfe  Highlands,  and  causing  her  to  be  married 

ts  ikat  Robert,  a  person  of  no  fortune,  and  an 

aeiliw  lor  murder  ;    for  being  a  conductor  ui 

ithicb  attempt,  James  Drummond,  alias  Mac- 

gn|ar,  a  brother  of  Robert,  has  been  lately 

oiai«ied. 

Tbe  cicuse  offered  for  James  Macgregor, 
VM  the  aime  mistaken  principle  that  appears 
t^hnt  omled  the  unhappy  prisoner  at  the  bar. 
Itus  nii  that  James  3IacgTegor  was  actuated 
^  me  if  the  best  affections ;  he  was  seeking 
Mfcnsaal  advantage  to  himself  by  that  entcr- 
M^  bat  only  to  OMke  the  fortune  of  Robert 

iad  the  now  pannel  James  Stewart  con- 
cmi  a  moral  enmity  against  Mr.  Campbell 
rfCfcima,  for  disabling  him  to  provide  for  the 
k  of  hU  brother,  Charles  Stewart  late  of 
ted,  by  contributions  levied  from 
I  on  that  estate,  who  had  been  under 


Bn  alas !   what  a  delusion  is  it,  from  such 
I  to  be  led  to  commit  or  justify  the  most 
I  and  abominable  crimes !  the  care  of  the 
I  of  one's  kindred  is  doubtless  a  laudable 
and  even  when  that  good-will  is  ex- 
I  to  the  remoter  degrees,  and  enlarges  the 
•f  benevolence,  there  is  no  harm  in  it ; 
1  in  both  cases  it  be  conducted  with  jus- 
ibe^  aad  men  exert  themselves  to  serve  their 
'  ,  witbont  violating  the  rights  of  other  in- 
,  ^or  the  laws  of  society  and  civil  go- 
at;'  bat  ho  who  roba  or  defrauds  his 
r,  to  pvofida  for  bit  own  boiubohl,  or 


the  immediate  children  of  bis  own  body,  is  not 
the  less  criminal  in  the  sight  of  God  and  man, 
that  he  was  moved  by  an  affection,  in  itself 
natural  and  just,  but  which  he  pursued  in  a 
wicked  manner. 

And,  in  the  present  case  of  the  murder  of 
Glenure,  there  appears  to  have  been  no  rea* 
sonable  or  probable  scheme  of  advantage  fta  the 
familj/^  of  the  late  Ardshiel,  or  any  bmly ;  but 
that  it  proceeded  from  mere  wickedness, 
malice,  and  resentment,  the  most  groundless 
that  ever  was.  It  affords  a  recent  and  shame- 
ful instance  of  that  spirit  of  revenge,  which 
was  the  characteri>tic  of  the  barbarous  High- 
landers in  former  times ;  and  a  pity  it  is,  gen- 
tlemen, and  a  reproach  to  the  present  age,  that 
it  should  be  yet  capable  of  furnishing  such  an 
example. 

1  am  far  from  meaning  by  this,  that  the 
crimes  of  a  few  %vir.ked  persons  can  justly 
bring  a  general  imputation  on  the  whole  country 
where  these  were  committed ;  we  daily  hear 
of  most  horrid  and  unnatural  crimes  perpetrated 
in  the  parts  of  the  kingdom  the  most  wealthy, 
populous,  and  civilized ;  but  the  part  incum- 
bent on  the  country  where  such  things  happen, 
is,  to  purify  the  land  of  the  innocent  blooii 
with  which  it  is  polluted,  by  bringing  the 
gnilty  to  condign  punishment;  and  this  is 
M'hat  you  are  now  Employed  in :  and  as  you 
have  attended  to  tlie  evidence  patiently,  1  desire 
nothing  more,  than,  as  an  impartial  and  intelli- 
gent jury,  you  may  consider  it  carefully,  in 
order  to  discern  the  truth,  and  then  to  follow 
that  resolutely  according  to  the  conviction  of 

Jrour  own  minds ;  which,  if  it  lead  you  to  be- 
ieve  the  pannel  guilty,  you  will  do  justice  to 
your  country  by  saying  so ;  and  if  you  are  not 
convinced  of  his  guilt,  in  God's  name,  let  him 
be  acquitted ;  for  lietter  that  this  murder,  atro- 
cious and  scandalous  as  it  is,  should  go  alto- 
gether unpunished,  than  that  one  innocent  man 
should  suffer  for  it. 

In  order  to  lay  before  yoo  distinctly  the  evi- 
dence that  you  have  heard  of  this  pannel's  ac- 
cession to  the  murder  of  Glenure,  1  shall  tirst 
of  all  recite  the  state  or  situation  in  which  the 
deceased  and  the  pannel  stood  towards  each 
other,  previous  to  the  murder,  and  also  that  of 
Allan  Breck  Stewart  in  respect  of  |both  the 
others.  Sdly,  1  shall  point  out  to  you  the 
evidence  that  Allan  Breck  was  the  actual  mur- 
derer, which  I  admit  to  be  a  fact  that  was  in- 
cumbent on  us  to  prove,  in  ordtr  to  convict  this 
pannel  of  wilful  accession  to  it:  and,  lastly,  I 
shall  sum  up  the  evidence  that  has  been 
brought  of  that  accession,  and  examine  the 
force  of  the  defences  or  excuses  which  the 
pannel  has  endeavoured  to  prove. 

As  to  the  first  of  these,  the  situation  of  the 
pannel  himself;  that,  gentlemen,  you  partly 
know,  and  have  heard  proved :  he  is  a  bastard 
brother  of  Charles  Stewart  late  of  Ardshiel,  at- 
taiutcd,  who,  out  of  his  own  tenants,  and  those 
of  Dongal  Stewart  of  A|>pin,  hit  chieftain, 
levied  a  regiment  or  battalion,  at  the  head  of 
which  he  went  into  the  lata  rebelliony  accom- 


175] 


25  GEORGE  11. 


Tri^  of  James  Steiuartt 


[178 


panied,  amon^otlien,  by  this  iiaDuel,  who  bad 
the  benefit  of  his  majesty's  act  of  grace  or  in- 
demnity ;  whereby  be  was  left  at  liberty  to  re- 
main with  his  family  in  the  country,  whilst 
Ardshie!  himself,  the  attainted  person,  maile 
his  escape  into  foreign  parts,  leafiniif  at  home 
his  wife  and  a  family  of  children,  who,  as  Mr. 
Campbell  of  Airds  has  deposed,  were  all  young, 
his  eldest  son  being  now,  as  be  tliinks,  about 
eighteen  years  of  age,  and  consequently,  at  the 
breaking  out  of  the  late  rebellion,  must  have 
been  alraut  ele?en. 

The  late  rebellion,  as  you  all  know,  waa 
finally  suppressed  by  bis  royal  highness  the 
Duke,  in  the  spring  and  summer  1740 :  in  the 
year  followingf,  the  act  fesling  the  farfeited 
estates  in  the  king  was  passed ;  and,  in  1748, 
the  lands  of  Ardshiel,  among  others,  were  sur- 
veyed by  order  of  the  barons  of  the  exchequer ; 
to  the  property  whereof  a  claim  was  entered 
on  behalf  of  Alexander  the  eldest  son  of  Charles 
Stewart,  the  attainted  person;  which  claim, 
upon  answers  made  for  the  king,  was  dis- 
missed by  the  court  of  session :  and  thus  it 
happened,  that  there  was  no  factor  appointed 
by  the  barons  on  the  estate  of  Ardshiel,  until 
Colin  Campbell  of  Glenure  was  made  factor, 
by  commission,  bearing  date  the  2dd  February 
1749,  upon  that  estate,  and  also  upon  the 
fteighliouring  lands  of  Allan  Cameron  of  Cal- 
lart,  attainted,  and,  adjoining  to  these,  that  part 
of  the  estate  of  Lochiel  which  lies  in  the  shire 
of  In?erness,  to  the  southward  of  Fort- Wil- 
liam, and  betwixt  that  tort  and  the  ferry  of 
Ballachelish,  of  which  you  have  heard  so 
much,  upon  that  loch  or  arm  of  the  sea,  which 
separates  Lochaber  in  InFemess-shire,  from  the 
country  or  district  of  Appin  in  this  shire. 

Now,  as  this  factory  was  ufranted  full  three 
years  after  the  rebellion,  it  is  to  be  olMer? ed 
how  the  estate  of  Ardshiel  was  |>ossessed  and 
managed  in  this  interval ;  anil  this  ap|>ears  by 
the  oath  of  Alexander  Stewart  of  liineriiahyle, 
who  hath  deposed,  '*  That,  het'ore  the  factory, 
as  he  believes,  the  tenants  paid  their  rents  \o 
the  lady  of  Ardshiel.  and  that  she  again  em- 
ployed the  pannel  to  deal  with  them." 

It  was  during  this  period,  timt  the  pannel,  ate 
the  same  Alexander  Stewart  dqioses,  who  lia<l 
been  a  great  many  years  airo  tenant  to  his  bro- 
ther Arasbiel  in  the  farm  of  (jlentluror,  and 
had  been  removed  al-o  several  \ ears  ago  by 
hib  brother,  again  took  poMtession  of  tlie  same 
farm;  and  that  Ardshier?;  laily  anti  the  pannel, 
jointly,  intnxtuced  certain  new  tenants  of  their 
own  choice,  into  different  parcels  of  the  land, 
which  Ardshiel,  the  atuiiited  person,  had  him- 
■elf  occupied  before  the  relicllion. 

Again,  wlien  Glenure  had  obtained  this 
Ikctory,  after  he  had  been  for  some  time  abroad 
With  the  regiment  to  which  he  belonired,  in 
Flanders ;  and  being  now  come  home,  was  oc- 
cupfed  with  the  treaty  for  his  marriage  with 
the  young  lady  who  is  now  his  widow ;  he  did, 
«8  Mr.  Campbell  of  Airda  hath  depoM^,  for 
>  eorae  tine  eospkiy  the  now  peMwl»  as  his  sub- 
teter,  in  levying  Ike  MM  efArdihiil,  end 


letting  the  lands ;  anfl.  to  the  nme  pnrrae. 
the  said  Alexander  Stewart  deposcay  «*  That 
the  factor  gsf  e  tbe  pannel  the  opportunity  oC 
having  the  greatest  influence  with  the  teDanta 
of  Ardshiel,  more  th'iD  any  other  pcr^oB,  by 
allowing  the  pannel  to  aet  the  lands,  whidi  be 
continued  doing  to  Whitsunday  1751,  if  not  at 
that  time  also :  but  adds,  that  the  pannel'a  eon- 
nexion  with  the  family  of  Ardshiel,  gave  bin 
also  a  natuuil  influence  over  the  tenaota,  even 
before  Glenure'a  factory." 

The  use  which  the  pannel  made  of  tfaii  in-  . 
fluence,  natural  or  acquired,  appeara  partly 
from  the  evidence  of  the  same  two  geDtlemen ; 
for,  upon  this  article,  Mr.  Campbell  of  Airds 
hath  deposed,  **  That  the  pannel  told  him,  thtt 
whatever  was  made  of  these  rents,  over  what 
was  paid  into  the  exchequer,  was  accounted  for 
to  the  children  of  Ardshiel ;  and,  when  be  re- 
moved from  Glenduror,  he  told  the  deponent, 
that  he  had  reason  to  believe^  that  the  aaul  ex- 
crescence of  the  rents  would  still  be  accoontcd 
for  to  them ;  and,  in  that  case,  he  would  ba 
easy  as  to  his  own  removal." 

And  Mr.  Stewart  of  Innemahyle  dep«Mi 
upon  this  article,  '<  That  the  pannel  waa  again 
removed  by  the  deceased  Glenure,  the  factor, 
from  the  farm  of  Glenduror  at  Whitaunday 
1751,  and  tbe  lands  lett  to  Mr.Camphdl  sf 
Ballieveolan :  that  as  the  pannel  ia  thedcno- 
nent's  near  neighbour,  the  deponent  had  trt- 
quent  opportunities  of  conversing  with  bia 
touching  his  said  removal :  that  the  pannel  did 
not  exfiect  to  have  been  removed,  and  aecned 
dissatisBed  that  he  was ;  and  said,  he  believed, 
that  Glenure  wotdd  not  have  removed  him,  if  . 
(Mr.  Campbell  of)  Ballieveolan  had  not  senght  ' 
those  lands  from  him:  that  the  pannel  further 
said,  that  the  tenants  cfenerally  allowed  aome 
gratuity  to  Ardshiel's  children,  and  that  these 
lands  were  the  best  farms  on  the  estate,  and 
mosit  of  the  benefits  accrescetl  from  them; 
and  thoui^h  he  himself  could  be  provided  ef  a 
farm  elsewhere,  ^ct  the  children  would  be  de- 
prived of  that  benefit." 

lu  what  iiiaiiiier  thi^  removal  of  the  pan- 
nel, from  this  bentficial  farm  of  Glenduntr,  to 
t^hicli  he  had  last  entered  vince  the  rebeilion, 
without  any  lai^iiil  title  whatever,  was  bruugbt 
alwiiit,  ap|»ear8  from  the  instructions  to  Glennie 
from  tne  harons  of  exchequer,  pniducett  and 
proved  before  you ;  the  last  of  which  is  in 
thefie  words :  **'You  are,  on  no  condition  what- 
ever, to  lett  a  farm  to  any  of  the  friemls  (i.  e. 
the  relations)  of  the  forfeitiutr  person*."  And 
thou|(h  it  lie  true,  that  these  instructions  beer 
dateihe  25th  July  1751,  about  two  months  afler 
the  actual  removal  (»f  the  pannel  from  Glen- 
duror, these  were  nevertheless  the  true  cause 
of  that  removal ;  for  it  wasiiuown  orexpeflted 
by  the  factor,  that  he  would  receive  such  in- 
structions, there  having  been  notice  given  li 
the  lords  commissioners  of  the  treaaury,  ef  a 
considerable  possession  of  the  esUte  of  Lnehitl 
having  been  lett  to,  or  for  the  use  of  one  of  the 
brothers  of  tbe  attainted  perMm  ;  upon  wludi 
their  krdshipi  had  diraoled  the  bniou  of  Iht 


to  pird^iie  Mgmmi  the  like  hernjr 
tli»  fnmre,  in  ovAer  to  avoid  the  occa- 
of  cocitimtiD^  that  Iratlins:  or  intluence 
IliP  raXf^r  tnhthtUUiz  ilnise  eftaie«,  thai 
Ifieed  flci   mach  disturbance  apd  mis- 
public. 

it  «rB«  throuirh  tiecesaky,  and  in 

»  fi^iihral  tltfti^iinrgc  of  the  duty  «if 

iktftl  Mr«  CamjilK'n  of  Glennref  at 

or  in  Way  1751,  removed  the 

fitnii  hit  |ioS9eBsioit    of   I  he    Vnryi    of 

,  to  the  cnntinttattce  whereof  he  had 

tiiie  or  daim  wlinisoever  ;  nm\  also 

to  rmptoy  the  paiinei  no  logger  .is  hi^ 

lor  or  tsvintauti  m  ruaaagiiig  the  t-state 

'lid. 

to  cotioelve,  that  ihere  was  any 
iif  jtni  caiisc  giren  hy  this  condvTCt  of 
fnr  reiientiDent  or  hatred  from  this 
it   tiad  heen  tnie»  which  the 
1  J  In  Stewart  of  Jnucrnahyle, 

he  Wlieved,  Glen  tire  would  Dot  have 
fajmielf«  it  Balliereotan  had  nut 
m  f^tieited  tliia  po^sesiion  of  Gkndaror 
mild  yet,  that  the  pannel  conceived 
and  prosecuted  such  disposilion 
Otttrageoufi  m;intier,  hath  heen  now 
vou.  But,  Wfiiic  I  tncn- 
ntcnce  orihis,  1  must  pro- 
li  canse  of  diflefeuce  be- 
and  of  animosity  eon«- 
1 1»  tmm  the  aftei'proeeed- 
I  the  spring  of  this  fnp»»fnt 
pmr  ;  whtn  Hk  having  taken  the  re&olurion  |o 
iwiittf*  •  few  of  those  tenants,  who  hnd  been 
iMRMliieed  to  tli^tr  po^ensions,  as  I  liave  tni^n- 
H  ijuly  Hiid  this  nunnelf  in 
lie  rehetltou  Ann  the  date 
trs,  that  the  pannel  beinjj 
I'j  would  l€»i»sen  his  interest 
''i  peopte,  if  he  sliotild 
r  persons  in  the  po<i- 
ki..i4^etr  had  bestowed  or 
Umk  the  rr^liMion  to  oppose  these 
uliirli  he  profeculed,  hy  repre- 
I  ttn*!  :  ing  of  it  in  the  country  as 

ny  act  ■''  ^^  nmon^  liecao*.^  the  king's 
r  tiioagtit  tit  w»  remove  four  or  tire  tenants 
kmif  taltodiioH  itpon  this  estate,  who  had 
Am^  leases  nor  ohl  pos&essiotis,  to 
m  point  of  righti  or  in  point  of 
In  bo  contiuiied :  and  this  ground  less 
to  ihooe  remoiPings  the  pamicl  set 
i  and  c^Kidocted  at  hi«<  own  ex  pence,  and 
fifo  ttitoarlf  ^reat  a^tation  and  trouble  in  the 
MVrculioa  of  it,  hariag  gone  to  Edinburgh 
m  Apnl  tol,  on  parpote  to  present  the  bill  of 
mtftmmon  of  tbctse  removings,  whith  you 
hrm  bard,  setting  forth  mo&t  frivolous 
pmrndmi  artit  ^n  ih«H  ^viOiout  the  knowledi^e, 
I  tbr  the  expence  by 
((I  whose  names  he 
r  that  bill  of  !«u*£pf niton, 
i  al  Ivlinburgh  an  order 
Ibe  Inll  frum  ib^  lord  lluti  ordinsry,  that 
tra  •hiiuld  be  put  in  to  (he  same,  anit 
r  oliyiiig^  «<cCiitioa  in  the  iuterirn  : 
XIX. 


A.  D.  1752. 


[ITS 


ihsiMitrval 


■t%»Bbb     to  IX 

fihicti  i 


MylirHipti 
lit  teottivt 


MfOCI  } 
be  tin 


with  which  sist,  and  certain  td vices  he  had  re- 
ceived at  Cdinl>urgh,  fur  making  ajijilicntioa 
for  those  tenants  to  the  baronti  of  E\che<]tter, 
when  they  should  meet  in  the  begmning  of 
June,  the  panoel  returned  to  his  own  liouse 
on  the  27th  April ;  and  then  sent  (or  those 
tenants^  and  gave  them  notice  of  his  proceed- 
ings at  Edinburgh  on  their  account ;  and  that 
if  they  had  a  mind  to  continue  iUtrlv  pciBses« 
sions,  they  were  advised  to  go  to  Glenure,  and 
seek  their  possessious  (or  demand  such  con- 
tinuance;) and  if  he  did  not  grant  their  desirei^ 
th^y  should  send  for  a  notary,  and  f^o  with  him 
to  protest  against  Glenure ;  and  if  tbev  pleased, 
he  wouhl  send  for  a  notary,  to  wFiich  they 
agreed  :  and  accordingly  the  pannel  sent  for 
Charles  Steivart,  who  bsth  been  examined  on 
this  fact,  and  sent  him  along  with  the  tenauta 
to  Glenure's  Imuse,  where  l»e  intimated  tho 
sist,  and  took  a  protest  against  hiui  on  the  ist 
of  May  lasL 

It  was  upon  receiving  this  notice  of  a  sus- 
pension presented,  aud  a  sist  granted,  that 
Gfennre  repaired  to  Edinburgh,  and  put  in  his 
answer  to  the  bill  ;  upon  considerMton  of 
which,  the  bill  wns  refused  or  dis(ni«»5cd  by  the 
lord  Haining  ordinary;  nod  then  Glenure  re- 
turned to  his  own  house  on  JSuiurday  the  9lb 
May  last,  in  order  to  take  the  neces^ry  niea. 
Hures  for  executing  the  teraovings  that  ha4 
lieen  thus  opposed. 

This  part  of  the  panners  proceedings  it 
proved  by  the  oath  of  Charles  Stewart  his 
notary,  by  the  pauDel's  own  examinntions, 
which  you  have  heard  read,  and  by  Duncan 
Maccoll  in  Ardshiel,  one  of  those  tensnts,  whn 
bath  now  deposed,  **  That,  upon  himscit  adiI 
others  being  warned  to  remove  from  the  hnda 
of  Ardshifl,  as  at  Whitsunday  hst,  he  Ibi-  his 
part  h»d  no  intention  other  tiuu  to  snbuMt  to 
the  warnjog,  till  a  paper  was  procured  iVom 
Edinburgh,  which  he  heard  read  by  Char  J  est 
Stetvart,  notary  at  Aucharn,  as  on  a  day  ha 
was  there,  being  along  with  his  neighbours  fnU 
vertised  to  meet  there,  where  he  and  his  neigh- 
bours were  told  by  the  panoel  and  Charles 
Stewart,  the  notary,  that  the  puper  brought 
from  Edinburirb,  contained  advice  for  ttiose 
who  bad  been  warned  to  remove,  to  cominue  in 
their  possessions ;  and  that  they  should  go  to 
Glenure^  and  osk  the  same  from  hJm.  And 
deposes,  That  he  gave  no  alio  wan  ce  or  man- 
date to  the  pannd  to  make  any  application  at 
Edinburgh  against  the  removing:  that,  before 
be  beard  any  thing  of  this  paper  from  Ediu- 
burgtf,  he  had  engaged  to  serve  as  bouman  td 
the  tenants  Glenure  was  to  introduce  ;  but 
that,  on  hearing  of  this  paper,  he  preferred 
keeping  by  hts  neighboor^,  as  he  considered 
the  being  continued  in  hit  possession,  did  the 
law  flupfiort  him  in  it,  as  more  beneficial  to 
him  !  and  adds,  That  the  procuring  the  pap€r 
at  Edinburgh  cost  him  no  money.'* 

To  the  same  purpose,  John  Macconibicb, 
another  of  tbove  tenants  in  Ardshiel,  both  de* 
po^ed,  aud  adds  this  further  circumstanco^ 
«*  That  a»  to  bis  agreeing  with  the  iticotoitig 

N 


179] 


25  GEORGE  II. 


Trial  of  James  Stetoarit 


[ISO 


tenaots  to  be  their  boamin,  he  heard  both 
Glenure  and  these  teuanta  say,  that  it  was  by 
Glenure's  adfice  that  this  was  done  :"  which 
is,  by  the  way,  an  instance  of  the  humanity, 
with  which  Glenure  acted  on  this  occasion,  in 
being  at  pains  to  provide  bread  lor  those  per- 
sons whom  he  did  not  think  fit  to  continue  as 
tenants  on  this  estate  of  Ardshiel,  where  they 
bad  been  so  lately  introduced  by  the  paonel. 

These  then  were  all  the  causes  or  offence, 
that  after  the  strictest  enquirv,  can  be  disco?er- 
ed  to  ha?e  been  ever  given  by  Glenure  to  tliis 
pannel ;  namely,  that  Glenure  as  factor  upon 
this  estate  of  Ardshiel,  removed  the  pannel 
himself  from  the  farm  or  possession  of  Glen- 
duror  at  Whitsunday  last  year,  and  gave  over 
employing  or  entrusting  the  pannel  to  act 
VDuer  nim  in  the  management  of  the  lands  of 
Ardshiel ;  and  that  he  was  taking  measures  for 
removing  the  few  tenants  lately  introduced  by 
the  pannel,  at  Whitsunday  thu  year ;  which 
measure  he  persisted  in,  the  opposition  that  the 
pannel  was  pleased  to  make  notwithstanding. 
V  ery  strange  causes,  it  must  be  confessed,  for 
the  pannel's  conceiving  a  violent,  and  even  a 
mortal  enmity  against  Glenure !  And  yet  no- 
thing is  more  certain,  than  that  Tiolent  offence 
may  be  taken,  where  no  just,  or  even  plausible 
cause  for  it  hath  been  given  :  and,  from  the 
first  murder  recorded  in  sacred  history,  down 
to  this  now  in  question,  often  hath  it  happened, 
that  wicked  men  have  hated  their  brothers 

,  without  acause,  that  is,  without  a  reason  or  just 
cause,  though  there  was  always  anoccsMon,  or 
a  motive  such  as  it  was,  for  that  hatred  being 
conceived. 

Again,  it  is  to  be  considered,  that  occasions 
of  offence  operate  differently,  according  to  the 
education,  temper,  and  character  of  the  party 
who  meets  with  them ;  and  we  hare  now  heard 
from  tlie  evideuce  in  this  trial,  what  a  wrong 
way  of  thinking  this  unfortunate  pannel  is 
possessed  of,  in  holding  it  to  he  a  cause  of 
mortal  enmity,  that  a  man  should  he  removed 
by  another  from  his  farm  or  possession  which 
he  hath  no  manner  of  title  to  hold  or  retain : 
vhich  is  a  pr^udice  or  delusion,  that,  in  a 
lower  degree  prevails  elsewhere,  but  seeou 
to  be  in  a  particular  manner  prevalent  in 
the  Highlands,  and  was  the  cause  of  the  at- 
tempt made  by  the  Macphertons  to  assassinate 
Glenbucket  some  years  ago,  as  well  as  the 
cause  of  the  horrid  murder  into  which  you  are 
now  enquiring. 

And,  for  one  proof  that  this  pannel  is  deeply 
uoisoned  with  this  most  erroneous  opinion,  you 
heard,  gentlemen,  a  little  while  ago,  the  objec- 
tion that  was  by  him  made  to  Alocander  Stew- 
art senior  in  Lagnahaw,  one  of  the  witnesses 
in  the  list  served  upon  him,  and  called  up  to 
give  evidence  against  him,  to  whom  the  paonel 
objected ,  that  this  witness  bore  enmity  against 
him,  for  that  the  witness  wasformerlv  in  pos- 
session of  the  lands  of  Aocham,  woich^the 
pannel  now   holds  under  Mr.  Campbell  of 

•  Airda;  and  that  the  pannel  had  catised  the 
witness  to  be  removed  from  thai  ponanioD, 


and  succeeded  him  io  it :  an  objectiMi  19  itasif 
insufficient  in  point  of  law,  whidi  eaimol  sup- 
pose men  to  be  so  wicked  aa  to  eoterlain  mortd 
enmity  for  such  a  cause ;  and  thenfbro,  aa  yo« 
heard,  it  was  over- ruled  by  the  court ;  oot* 
withstanding  which  we  freely  passed  from  itm 
witness,  bemg  satiafied  that  we  had  erideiiee 
enough  besides,  and  unwillmg  to  leave  mf 
room  for  the  pannel  to  eompiauia  or  for  you, 
gentlemen  of  the  jury,  to  apprelMiid  that  ai^ 
one  witness  was  used  against  him,  of  whosfi  cm- 
dibility  there  conld  be  the  smalleat  np^Mojaii; 
but  the  very  moving  of  such  objeGlion  oq  Ike 
part  of  the  pannel,  affords  one  proof  itf  kii 
own  sense  of'  the  nature  and  degree  df  moh 
offence. 

Another  signal  proof  of  this  i^neara  ffomlbt 
oath  of  £  wan  Alacintyre,latoherdi|i  Qleniiiimr, 
who  hath  deposed,  **  That  ho  engagvi)  If  Is 
herd  to  Mr.  Campbell  of  BallieToolan  ia  Iba 
farm  of  Glenduror,  for  the  year  17j»l ;  aad 
that,  the  day  after  he  entered  into  his  acitisa 
there,  the  pannel  challenged  him  for  ^oeaptiif 
thereof,  and  told  him,  that  ho  woold  befit-Mdv 
with  him  sooner  or  later  for  doing  it ;  and  iMi 
if  he  did  not  meet  with  resentment  himatlf  ■ 
his  life-time,  others,  such  as  his  firicndi^  Wfkl 
meet  with  it  after  hia  death."  Aed  •«% 
'*  That  he  himself  was  never  in  thepemMl^s 
service.''  This  was  surely  canying  thia  dshh 
sion  to  a  mO(St  extravafi;ant  pitch,  and  sneh  Ci^ 
to  any  stranger  to  this  odd  way  of  tkinUeg, 
must  have  appeared  incredible,  till  he  heard 
the  proof  of  a  fact,  which  demonstralee  hew 
deeply  that  opinion  is  r(K)ted  in  the  mind  of  tUl 
pannel. 

And,  accordingly,  we  have  heard  how  thU 
was  farther  dis|>Jay(Ml  by  his  words  aed  bf  his 
actions  on  other  occamons,  in  respeot  of  the 
deceased  Glenure,  tor  the  causes  oir  offence  i 
have  mentioned,  by  the  evidence  I  shall  OOV 
point  out. 

And  lirst  of  all,  John  Bceck  Macooll,  the 
bouman  to  Appiu  (who  though  he  Uvea  u  ■ 
desart,  appeareid  to  me  to  have  given  hie  efi» 
deuce  in  a  most  natural  ingenuous  nennvi 
and,  by  his  own  words  and  behavioar  rehtsd 
in  it,  discovers  a  degree  of  sagacitv  whiebf  in 
a  person  of  hia  situation,  surpriaed  me ;  end) 
upon  the  article  1  am  now  8|>eaking  o<^  he  de* 
poses,  *<  That  in  a  conversation  tim  deponeei 
had  with  the  pannel,  as  the  deponent  beat  re- 
members, about  two  years  age,''  ^whetfier  he 
was  herein  accurate  in  the  cbronwogy,  in  nol 
essential  to  the  question  in  issue)  **  muntinj 
being  made  of  Glenure's  being  about  to.  lelie 
on  himself  the  management  of  the  estate  el 
Ardshiel  from  the  said  pannel,  and  therej^ 
disable  the  pannel  from  being  of  any  serfien 
to  Ardshiel's  children,  he  heard  the  pannel  anji 
he  would .  be  willing  to  spend  a  shot  apeR 
Glenure,  though  he  went  upoq  his  kneca  tp  hin 
window  to  fire  it:  and  farther  depoees,  tbetlm 
heard  a  waif  (that  ia  a  flying  or  nneeclRJft 
rumour  or)  re|)ort  in  the  conntryt  ^hat  Aid*, 
shiel  (the  attainted  peraon)  bad  sent  hamm  m 
menage,  that  he  beliefed  all  his  friends  wem 


181] 


Jht  Murder. 
WU  allowed  to  ffti  oo  Ai 

«iiolher  remirkable  conversation  of 
•aoef's  vsL  die  sume  spinit  but  earned  a 
4ail  fkriHer,  is  proved  to  jiive  happened 
dratmui  lAilt  175 1«  withtn  the  panoel^s 
Mvir*koi»««  M  Aneham,  betwixt  him  and 
iC  to  o«tn  Mrmnts,  who  all  coociir  in 
■filiftafr.^      T  'in  Wore  Maccoll,  Dou- 

fiH■enK«  ar  '<('t^  Malleoli ;  of  whom 

im  bilb  tifjupwwu,  *''TliAi  he  was  present 
If  %  oottttmsloii  tfnil  hrt|fpened  bet^^ixt  the 
Joliv  Begr  tnd  Doitj^nl  AlaccoUs,  both 
Co  flic  pannel,  in  his  brew- house  at 
,  N^We  day-lig:ht,  upon  a  morning 
Ysit  (or  Cbristmnt*)  last,  as  the  deponent 
PDMObim :  that  the  depc^nent  was  then 
te|ilo3fad  hi  diftirirng'  th^  second  draught  of  a 
Iff  aqmiirirte,  and  the  pannel  ordered 
In  (rife  him,  and  people  preaenl^ 
wliieh  the  deponent  did  :  that  the 
i«  Otenure  would  not  take  the  rent 
lilt  itiMflta  of  Aucharn«  part  of  the 
kecauae  they  had  givert  the 
lanrley,  which  Glenurc  iilled:cred 
heve  paid  him:  that  the  pan- 
it  was  hard  to  refuse  the 
itf  BitMtfy  froiH  tlie  tenants  in  a  scarce 
\  twf  OMerveit  that  it  would  be  of  no 
fitem^^liai^ce  to  him,  the  i.nTmf'l  (hough 
aAHMMr'bajek  Ibe  barky  irison 

f  v4ir  Ir  mild  be  to  the  t*  [  subse- 

iw,  i«l  caie  they  were  obh^d  to  pay 
%  bear  and  meal,''  (to- wit,  in  kind 
foiti'  i '*  and  i^ld  the  tenants 

►i»er»  ly   to  he  very  ill  off; 

ir,  if  GMmiro  w*;ut  on  in  the  way  he  then 
•I  w*j  Rkely  b«  would  be  laird  of  Appin 
t  a  ^f^rf  iliort  i  n<t  that  he  knew  unce  a 

Ml€f  <Mlllt  '  ^Pt^io  ^b<>   would  not 

ITImil^  tci  ^u  ou  atflueha  rate:    'Jo 
«lir   tirponetit  and  the  rest  answered, 
lliM*w  nu  ooinmoneri  in  the  country 
'  Blrive  or  eoutend  with  Glenure  to 

fWf»t>fiF nation  in  the  bit^w-house  '\h  flif* 
irjftti^  <!r  eiqitained  by  the  otiier  two 
NMlMtM*tfHlt :  and  John  Beg  Muccoll  adds 
IbiitCMhi^tTCt-,  ''  That  afler  he  and  Dug^aUl 
sqbU    •■  'le  hrew-hoone,  either 

_^     ^1^**'  '        iierenf^er J  they  talked 

mplfer  what  the  iiupor'  •  c>nversation 

I^M  li#  I  mud  that  ibe  ^\  a^  at  a  loss, 

^Mitr  meannid^r  it  %%  -  u^enietit  to 

dcsiiin^,  nr  a»  E^  >  ■-  .igainat  (he 

of  ApptOf  as  nru  t>f  nig  so  faithful 
leL  a^  he  ei  peeled  them  to  be  J' 
ba>  fr*?  '-T   ^    ,ir  conaideratioOt  gen» 
liHlit  Sn  Beg  Maccon  was 

M4b   tbe  rf|Eh.  >u  i-..  conjecture;  and  that 
f«fMti«^  can  rcceife  no  other  con- 
,  tbait  that  ttie  (mnnel  took  that  occa* 
ittiMli^fc  tbe«««erfintaof  his  own,  who 
•Mof  tm*  tr?tw,  to  resent  agrthist  Glenure 
'tnmon  people  of 
r  <       id  had  thus  re- 

aimI  ciJaiggcratad  to  tbem;   ckf  ftt 


A.  I>.  1752. 


fl&2 


Teaat  to  feel  their  pul^t,  and  try  how  tbe^ 
would  relish  Stieh  a  proposal  or  insinuation. 

But  farther  fitill.  the  pannel  continued  tc?  dia- 
cover  the  rnncour  with  wijich  his*  own  heart  waa 
filled  a^gj^dinsC  Glenure;  the  next  instance  of 
which  (hat  hnth  apji^ared  iipon  the  evidence, 
hftppened  in  April  laat,  when  he  was  on  hid 
road  to  £ldinhurgh,  with  intent  to  offer  a  bill  of 
suspension  of  the  removing  of  the  tenants  thai 
hath  been  mentioned:  and. here  three  circum- 
ttancaa  are  proved  hy  the  testimonies  of  A  lei* 
ander  Campbell  and  Ewan  Murray,  two  of  his 
landlords  or  innkeepers  by  the  way,  and  Colin 
IVfaclaren,  merchant  in  Stirling,  who  fell  into 
company  with  the  pannel  at  both  their  hoatet, 
and  travelled  io  the  panneWs  company  aonie 
miles  on  the  road  towards  Stirling* 

Alexander  Campbell  in  TeynalnJb  hath  de* 
posed,  **  That  in  April  last  the  pannel  called  at 
the  depoDeot*8  house  in  the  morning  to  have 
his  horse  corned  ;  and  having  calico  for,  and 
got  a  dratn,  which  was  afterwards  set  down 
upon  the  table,  one  flaclareni  a  merchant  in 
Stirling,  who  had  lodged  with  the  deponent 
the  night  before,  being  present,  asked  the  pan- 
nel, if  he  would  not  help  the  deponent  to  a 
dram?  and  the  pannel  answered^  he  did  not 
know  any  thing  that  he  would  help  the  depo- 
nent or  any  of  his  name  to,  if  it  was  not  to  the 
gibbet:  and  af^r  some  farther  conversation, 
the  deponent  said,  thbt  Glenure,  as  he  sup- 
posed, was  the  person  of  the  (deponent ^s) 
name  with  whom  the  pannel  had  the  greatest 
quarrd  ;  and  the  deponent  did  not  know  any 
good  cause  the  pannel  had  for  it.  To  which 
the  pannel  answered,  that  if  Glenure  had  used 
the  deponent  as  ill  as  he  had  used  him  ^the 

Cannel,^  hy  turning  him  out  of  his  possession, 
e  would  nave  no  less  quarrel  with  him  than 
he  had.  Aud,  upon  the  panne^s  interrogmto- 
nes,  the  witnrss  added,  that  at  that  time  he 
thought  what  the  prinnel  r>aid  proceeded  frotn 
malice,  and  that  the  pannel  was  then  pifrfectly 
Bober,** 

This  conrer^ation  was  confirmed  by  Colin 
Maclaren,  the  nierchant,  who  lodged  in  that 
house  all  night,  who  adds,  *^  That  the  pannel 
then  said  (speaking  of  the  Campbells)  that  he 
did  not  chuse  to  be  an  executioner,  hut  be 
could  draw  down  some  of  their  feel ; — and  that 
at  tirst,  during  this  conversation  in  CimpbeH*f 
house,  he  thought  that  the  pannel  had  been  in 
joke,  but  afterwards  it  was  like  to  become 
vety  serloas;  for  the  landlord  and  he  cauie  tu 
pretty  high  words  toffelher.*' 

The  next  landlord,  Ewan  Murray,  at  the 
west  end  of  Lochem,  hath  clepr>sed,  "  That  in 
April  last,  the  panne?,  and  Colin  Maclaren, 
merchant  in  Btirling,  came  to  the  depunent's 
house,  and  tlie  pannel  lold  the  deponent,  that 
Glenure  had  warned  away  sercral  fnuiilies  in 
ArdMifers  estate  to  remove:  .ind  itu»t  he  was 
tnfbirned,  that  none  of  the  i  the  thr- 

ieited  estaien  had  power  to  n:  tenants; 

and  that  he  was  going  to  Edtnburuh  to  take 
advice  of  lawyers  about  it  \  and  if  he  had  not 
thAt  poweri  tbtt  the  piuiiiel  would  apply  lor 


183] 


35  GEORGE  II. 


TruU  qfjanut  Slewirt, 


[181 


suspension  in  his  own  name,  and  in  name  of 
ttie  r.  Bt  of  the  leoaDts :  and  ibe  conversation 
turuin^  upon  an  officer  in  the  army  that  was 
braindi'd  «iih  cowardice,  and  liad  been  broke 
on  ihatacciiiiiit ;  the  pannei  said,  that  he  bad 
reason  to  sa^',  that  Glenure  was  as  flrreat  a 
c'0.«ar<l,  as  that  officer  ;  for  tliat  be,  the  pannei, 
had  riiulif  n^bd  bim  to  lii^ht  him,  which  Glenure 
deciinfd  ;  and  ilesired  the  deponent  to  tell 
Glenure,  that  he  had  told  him  so :  but  the  de- 
|ioiient  answered,  that  he  would  not  carry  any 
such  mcssaf^e  tVom  one  |;entleiuan  to  another : 
aud  from  the  conversation,  the  deponent  on- 
derstood,  that  the  arms  with  which  the  pannei 
had  challenged  Glenure  to  fight,  was  with 
pistols.'* 

And  it  is  true,  gentlemen,  that  this  witness 
adds,  upon  the  pauncl's  interrojratory,  **  That 
he  thou{;lit  the  pannei  was  a  little  concerned 
with  drink ;"  but  it*  it  was  so,  turn  verdt  voces. 

This  conversation  is  again  confirmed  by  Mr. 
Macloren,  the  pannel's  fellow- traveller,  in  both 
the  parts  of  it ;  who  adds  this  circumstance, 
that  the  latter  part  of  the  conversation  hap- 
pened upon  the  road  after  they  left  that  bouse, 
and  Murray  the  landlord  rode  some  part  of  the 
way  along  with  them :  and  then  Mr.  Maclaren 
deposes  to  a  tliird  conversation  betwixt  himself 
and  the  pannei,  in  these  words :  '*  that,  after 
parting  with  Ewan  Murray,  in  the  course  of 
their  journey,  the  deponent  found,  that  the  re- 
moving was  much  at  the  pannel's  heart,  and 
the  deponent  endeavoured  all  he  could  to  divert 
the  conversation  to  another  subject :  that  the 
pannei  told  bim,  that  if  he  failed  in  a  suspen- 
sion at  Edinburgh,  he  would  carry  it  to  the 
British  parliament ;  and  if  be  failed  there,  told 
bim,  after  a  little  pause,  and  with  an  emphasis, 
that  he  behoved  to  take  the  only  other  remedy 
that  remained." 

These  last  words,  gentlemen,  need  no  expla- 
nation ;  for  surety,  after  the  judgment  of  the 
British  parliament,  no  other  legal  or  lawful 
remedy  could  remain. 

And,  as  to  the  condition  of  the  pannei  during 
these  conversations,  Mr.  Maclaren  farther  de- 
poees,  **  That  he  did  not  think  the  pannei 
drunk  either  in  Campbell's  house,  or  in  Ewan 
Murray's  house  ;  but  after  leaving  Murray's 
house,  the  V  drank  two  or  three  drams  at  l  dram 
house,  and  afler  that  the  deponent  thought  him 
much  concerned  with  liquor ;  and  it  was  after 
taking  these  drams  that  the  conversation  be- 
tween Murray  and  the  pannei,  with  respect  to 
challenging  Glenure,  happened ;  and  that  the 
deponent  and  the  pannei  had  rode  several  miles 
together  before  the  conversation  about  the  Bri- 
tish parhament ;  and  the  deponent  thought 
him  even  then  still  concerned  with  drink:*' 
and  very  likely  it  was  this  that  threw  the  pan- 
nei so  much  off  his  guard  as  to  speak  out,  to 
his  landlord  and  his  fellow-traveller,  so  much 
of  what  lay  deeply  at  his  own  heart,  and  to  tell 
upon  himself  this  matter  of  fact  about  the 
challenge  be  had  given  Olenara  to  fight  him 
with  pistols. 
Aucbappearing  to  hare  been  the  temper  and 


disposition  of  the  pannei  towards  Glcnue  in  the 
month  of  April  last,  and  before  that  tiaie ;  I 
shall  next  point  out  to  you,  gentlemen,  the  evi- 
dence concerning  that  of  his  friend  Allan  Brack, 
who  himself  does  not  appear  eier  to  have  had 
any  acquaintance  of,  or  intercourse  with  Gle- 
nure in  his  life,  but,  by  the  pannel's  own  shew- 
ini;,  was  his  kinsman,  and  had  been  bis  ward  or 
pupil ;  and,  bv  Breck's  character,  and  his  then 
situation,  as  being  engaged  in  foreign  aervioe^ 
aud  not  at  Uberty  to  Eve  openly  in  this  king- 
dom for  any  long  time,  though  be  went  about 
among  his  highluid  friends  without  any  scruple, 
he  was  a  fitter  instrument  of  the  vengeance 
meditated  against  Glenure,  than  the  Maccollt 
the  pannel's  own  servants,  or  any  of  the  oom« 
mon  people  of  A|ipin,  could  be. 

And,  concerning  this  Allan  Brack,  John 
Beg  Maccpll,  one  of  the  pannel's  aervanlB, 
hath  deposed,  **  That,  in  March  last,  he  i 


to  the  pannel's  house,  late  in  the  cveniqr« 
dressed  in  a  blue  coat,  red  waistcoat,  blade 
shag  breeches,  and  a  feathered  bat,"  (that  is  in 
his  French  dress,  which  the  witnesses  call  a 
side  or  long  coat,  in  opposition  to  the  blaok 
short  coat  with  silver  buttons  belonging  to  the 
pannei,  which  he  was  afterwards  seen  in ;  and, 
upon  this  his  first  arrival,  the  wimess  proceada 
to  depose,)  «« That  he  looked  into  the  kitcbcB, 
and  went  immediately  to  the  room  where  the 
pannei  and  his  family  wera ;  that  afterwards  he 
used  to  go  through  the  countrv  to  diffeicnt 
places,  and  came  frequently  hack  to  the  pao- 
nel's  bouse:  that  once  he  remained  tbore  ■ 
week,  which  was  tlie  kmgest  time  that  he 
stayed  thera  at  one  time." 

Here  b  then  the  intimacy  still  subsisting  |ie- 
twixt  the  pannei  and  Breck,  that  natniallj 
arose  from  the  acknowledged  connection  be- 
twixt them ;  the  pannel's  house  was  his  head- 
quarters in  the  country  of  Appin,  from  wbenot 
he  made  his  excursions  to  visit  his  other  friendi 
in  those  parts ;  and,  during  the  pannel's  ab- 
sence on  his  journey  to  Edinburgh,  Breck  went 
over  to  see  his  relations  in  Rannooh.  And  it 
hath  appeared  upon  the  evidence,  how  tho- 
ronghly  Mr.  Breck  espoused,  and  entered  into 
the  notions  and  sentiments  of  his  old  guardian 
and  friend  the  now  pannei,  with  reapeoi  to 
Glenure. 

And  on  this  head  Duncan  Campbell,  change- 
keeper  at  Anuat,  deposes,  **  That,  in  the  month 
of  April  last,  the  deponent  met  with  Allan 
Breck  Stewart,  with  whom  he  was  not  befora 
acquainted,  and  John  Stewart  of  Auchnacoan, 
at  the  house  of  the  walk-miller  of  Achosragan, 
and  went  on  with  them  to  the  house ;  that 
Allan  Breck  said  that  he  hated  all  the  name  of 
Campbell;  and  the  deponent  said,  he  had  no 
reason  for  doing  so ;  but  Allan  said  he  had 
very  good  reason  for  it :  that  thereafter  they 
left  that  liuuse ;  and,  after  drinking  a  dram  at 
another  house,  came  to  the  deponent's  house, 
where  they  went  in,  drunk  some  drams,  and 
Allan  Breck  renewed  the  former  conversation  ; 
and  the  deponent  making  the  same  answer, 
Allan  laidy  That  if  the  deponent  had  any  re« 
1 


Itf  J  ^^^^^      fof  Murdtr. 

muA  $ut  Mi  fnifiditv  lie  would  tell  them,  that 

J  Ik&fnlhr^  Ml  lorn  otil  Uie  pusiMessoni  of 

Mriliiir<  etl»le,  he  irciuld  make  bUck  cfK;ke 

•f  ihm  liefi>re  liiey  entrred  ititu  potsesiion  ; 

Iff  tvhicb   tbe  ile(>oaeiit  understood  ehooling 

lMi,ililtiiMf  •  eommon  \>hrMti  in  the  «t»uii- 

I  try :  iImA  JoTin  Stewart  said  lie  did  not  blame 

ijj^aigw  «a  mucii   as   Daltieveolan,  for  taking 

H^B  fmmamious^  wbrreiui  Gleaure  was  doing- 

^^Ei^t«erti€«:  and  Allan  Breck  replied,  tbat 

^^BhIImIv  be  b*<i  another  ^ound  of  quarrel 

^HmI  GiMiarc,  for  writings  to  colooel  Craw- 

mi^lksl  bit,  Albn^   ivas  come  home  from 

Fnsoe  i  ha^  that  he  wfts  too  <*UQtiiiig^  Tor  him  ; 

Utihaif  wImo  At  Edinburgh,  he  had  made  up 

hii  pisei  intli  general  Churchill,  and  htd  got 

hit  pMVt  itliicli  lie  had  m  his  pocket-book: 

ikm  Qm^tfmumi  aiked  a  iiqfht  of  it ;  that  he 

•i»cbe4  libDOCiket*hook,  but  conld  not  find  it ; 

v^mk  iilttcti  lie  lore  a  leaf  out  of  the  book,  and 

■aIiI,  ibnv  is  vraa.     And  deposes,  that  he  said 

iwvoAj  tHMi  mer,  he  would  be  fil-sidtss  with 

0kfMit«  mktn  >ter  he  met  hinii  and  wanted 

Ibiiii  to  meet  him  at  a  conte* 

ceareraation   is   contirtned    by   Anne 

.nttotlic  ^aid  Duncan  Campbell, 

'<  t,  Tt  -Isf-  heard  Allan Breck  then 

Il«  I  shun  Glenure,  where- 

huix  ,  L ;   ^vbich  she  understood, 

dal  l>e  mwm  t«  do  hurt  or  barcD  to  Gleaure, 

«f«T  he  «iw  him." 

in  i«  further  contirmed  by  Angun  Mac^ 
,1k -miller  mentioned  by  Duncan 
f«ert  Stewart,  a  fourth 
t  >iii[iany,  who  adds  in- 
AlUu  Bteck  was  much  in  drink  at 
•f  otleritig  the  abore  cxpreasiof&s  *  but 
i«y  aee  nnt  ihe  leai  to  be  regarded  in  this  Iriat, 
%h«  tlie  oceaatofi  of  theM  threats,  the  repe- 
liiaa  eC  thvin,  and,  butt  of  all,  tha  fiital  cjtecu- 
linkal^  heett  at  the  aumc  time  proved  before 

like  converftatioo  of  Allan  Breck*s 
to  hftve  happened  at  the  hou»e  of 
llfteooil,  change- keeper  at  Portua- 
tMtkf  hf  fbe  landlord,  and  by  Anne  hU  wife, 
«l#  iipfc,  '*  Tb4l«  one  momiDg  in  Apnl 
t«l«  Attan  Emk  beinff  in  hii  house  with  John 
i«bit  UmccolT,  then  servant  to  the  de* 
Into  the  comjiaoy  in  a  shabby 
i  llial  Allan  Breck  a«ked  who  he  was? 
IB  lb*  Mil  John  Stewart  etiswered,  that  he 
viiaB  baaiest  poor  man,  with  a  numerous 
taijr  of  aoiall  children,  and  thut  it  would  be 
fiHI  dianty  10  any  boily  to  ai»tHt  him  ;  tipon 
wkilli  Atlaii'flrrck  dchiretl  ihc  $aid  Jabn  8tew- 
«t  la  gite  tli«<  aaid  Juhn  Maccoll  a  stone  of 
•■y,  and  be  would  pay  for  ii,  which  llie  said 
Sikm  Mtcwan  iirfiini^i'^il  in  ihi  i  tiuu  ihe  tiaid 
lAien  f  u  L  dram, 

"  "ii»tij   i'    'I     <, :  ,  I,'  V  'I  ,,    :'.;]■   tlie  red 
lid  givw  him  what  was  much 
mr^  that  ihcf  gave  no  great 
time  eac';  aX  thf*  time  ;  but, 

the}'  keAfd  of  '  murder,  believed 

Okoti(«t  a»  he  vtas  oomtuouly  caUed 


A.  D.  1752. 


[IfiO 


I  Colin  Roy,  which  means  Ited  Colio,  to  iht 
country," 

A  third  and  very  remarkable  instance  of  Al- 
lan Breck^s  conversations  on  this  suhjecr^  wat 
one  which  he  held  with  two  of  the  panner%  ter* 
vants  above-mentioned,  Dugatd  and  John  ^Ior6  . 
Maccolls  ;  whereof  the  former  dep06e*|  **Thal 
a^  he  and  John  >]accoll  were  harrowtog  in  a 
field  belonging  to  the  pannet  at  Anchftrn^  being 
the  same  day,  or  the  day  after  the  paime!  went 
for  Edinburgh,  (that  h,  on  tlie  3d  or  4^1  of 
April)  Allnn  Breck  Stewart  walked  for  a  good 
time  about  the  field ;  and  as  they  were  loosing 
their  horses,  the  said  Allan  Breck  and  they  en- 
tered  into  conversation  about  France,  and  |)eo- 
pte  from  this  country  there;  and  John  Blore  , 
Maccoll  aakeil,  if  there  waa  any  prospect  of  any 
of  them  coming  back?  Upon  Allan  Breck 's 
answering,  he  was  afraid  tbay  would  not,  John 
More  said,  he  wished  that  none  had  ever  come 
from  that  country ;  in  which  the  said  Allan 
Joined  him,  saying,  it  bad  dispersed  ihe  friends 
he  most  regarded  ;  and  (then  added)  that  it  waa 
a  particular  misfortune,  that  the  manacfement 
of  any  concerns  they  left  behir>d  Uiem,  fell  into 
the  hands  of  one  that  w&s  about  to  shew  tbeiD 
no  manner  of  favour;  and  declared,  Uiat  be  ' 
meant  Glenure ;  mid  told,  that  the  commonerv' 
of  Appin  were  little  worth,  when  they  did  not 
take  him  out  of  the  way  before  now  ;  and  upon 
their  saying,  nobody  would  run  that  risk,  not 
knowing  who  would  stand  by  them,  Allan 
Breck  answered,  that  he  knew^how  to  convey 
out  of  the  way  any  person  that  would  do  »0|  ' 
that  he  would  never  be  catched  ;  and  also  Aaid» 
that  they,  and  the  tribe  they  were  of,  (meaning 
the  Maccolls)  were  not  like  to  he  the  least 
sufferers  by  Glenure^s  proceedings.*' 

John  IVlore  Maccoll  aweary  to  the  same  con- 
versation at  the  harrowing,  and  deposes,  that  • 
Allan  Breck  then  said,    If  they,    the  cotn- 
mooers  of  Appin,  were  worlh  tiiemselv^,  rhey'  I 
could  keep  out  Glenure,  and  hinder  him  from 
oppressinjLf  them  ;  in  which  case  they  would 
noi  be  banished  from  their  natural  possessions  ^  | 
and,  upon  ihe  deponent's  answering,  he  dtd^  I 
n4t  see  how  any  body  could  pretend  to  strive  or*  I 
slriiggle  with  Glenure  in  that  way,  as  he  had 
the  laws  of  the  king  and  country  for  him,  and 
nofiody  to  support  or  take  them  by  the  hand  1 
aAer  their  so  doing,  Allan  said,  he  had  it  in'1 
his  power  to  save  or  protect  any  budy  that   j 
would  put  Glenure  from  trampling  upon  ihe ' ' 
country  in  the  manner  he  then  did,  * 

Here  then  was  Allan  Breck  Ihe  pupil,  in^ 
spring  last,  a  few  weeks  before  the  murder  hap-« 
pcned,  speaking  the  very  same  lunguige,  tod 
u^iog  the  same  argumenta«  with  two  of  theao' 
Maccolls,    the  servants   of  the  panne),   withal 
which  the  pannel  himself  bad  been  praciisinif^ 
upon  them  in  his  own  brew-house  about  Christ-  m 
mas  likat ;  and  this  conversation  of  Breck 's  was 
not  like  the  former,  after  drinking  drama  ml 
change ^houaea,  but  when  be  was  sober  and^ 
ct>ul,  walking  in  the  tields  about  the  pAnnera^ 
house,  which  waa  in  effect  his  home.  < 

And)  to  the  evidence  on  this  article,  naaj  be 


18' 


7J 


'25  GEORGE  II. 


Trial  of  James  StetMirtt 


[188 


added,  what  the  panncl  himself  bath  declared 
ut  hiR  fiivt  examination  belore  the  sheriff* sub* 
tititute,  which  has  beeu  proved  and  read  id  your 

tiresence,  when,  being  interrogated,  **  It'  he 
lad  any  conTerMUion  with  Allan  Breck  con- 
cerning Glenure?  be  answered,  That  tlie  said 
Allan  asked  tke  dedarant,  if  be  beard  that  Ser- 
jeant MoK  (Cameron)  was  come  from  France, 
or  if  be  waa  ui  the  country  of  Appin  ?  To 
which  tlie  deckreal  answered.  That  he  did  not 
hear  be  was  in  Appin »  but  be  heard  be  was  in 
Glenetif  e  last  year ;  whcreapon  the  sud  Albin 
lold  tlie  declarant,  that  aerjeant  More  swore  he 
woubi  kill  Ulenare,  berause  of  the  treatment 
lie  gave  the  ImeetieD  the  estate  of  Mamore, 
pari  of  Lochiai  estate.  Declared  also,  thai  the 
aaid  Allan  Breck  threatened  that  be  wonki  chal- 
lenge  Ballieveolea  and  his  sooa  so  fight,  be- 
cause of  hia  reaiof  ing  the  declarant  Ust  year 
froB  Glenduror,  and  being  about  to  remove  the 
other  lenanta  this  year  from  some  other  parts 
of  the  cstau  of  ArdshieL" 

Now,  aa  to  the  mention  here  made  by  the 
eamiel  of  aerjcant  More  Cameron,  I  sliall 
nereafter  have  occaaioa  to  take  notice  of  the 
oae  the  pannel  made  of  it ;  but  have  here  onlv 
to  obierve,  that  the  oausea  of  offence,  for  which 
the  pannel  saya  Breck  threatened  to  fight  Bal- 
lieveolan,  were  the  venr  nroe  which  tlie  pan- 
nel himself,  aa  well  as  Brack,  resented  an  high- 
ly against  Glenura,  namely,  the  removing  the 
pannel  bimwif  from  Glenduror  the  last  year, 
and  being  about  to  remove  other  teoanta  of 
Ardsluel  this  year:  and  though  the  pannel 
carefttlljF  avoiiksayime  any  thing  of  Breck's 
threatanings  against  Glenore,  efter  he  bad  been 
actually  murdeied,  and  bad  attempted  to  throw 
the  suspicion  of  that  upon  aerjeant  More;  yet 
here,  by  the  pannel's  own  ahewing,  Breck  had 
eotered  thoroughly  into  those  quanrels  of  his 
for  the  actual  removal  of  himacif,  and  tlie  in- 
tended removal  of  others,  and  threatened  to 
challenge  and  fight  BaUieveofam  upon  that  ae* 


And  aa  to  the  other  ground  of  qnarrcl  agniaat 
Gleniire,  which  Allan  Breck  mentioBa  in  ooe 
of  the  above  ceaveiaatiens^  neaaely,  for  his 
snnpoaid  writing  to  coluaei  Crawfuni,  that  he, 
AiUu,  wai  ooese  home  from  France,  I  shall 
nM  lake  upon  me  to  explain,  or  to  geese  in 
what  manner  Allan  Breckceaaetobeposseaeed 
with  such  a  conceit ;  because  we  have  beard 
no  evidence  coocciaiog  the  nsaneer  in  wluch 
he  received  sneh  piece  of  faise  informaiioo  or 
inielligence ;  for  that  it  was  false  hath  been 
fuUv  proved  belbre  yea. 

ArsK  of  aU,  coUnc4  Crowfiml  hinelf  ^^  be- 
iiK^  asked  whether  tkedeceeaed  CoknCamp. 
bell  of  GIsMMC  ever  told  kinft,  that  Allan  Bveck 
deserter,  and  in  this  eoueinr. 


Slewart  was  a 
haih  answered  upen 

And  next,  Mr. 
Msed.  ^'ThaA,  ii 
maa  ealanci  Crowta^ 


in  the  negnlive." 
9i  AM  hmh  de- 


it  was  so :  that  the  deponent  did  enqnire,  and 
wrote  the  colonel  for  answer.  That  he  bend  be 
had  been  in  the  cooatry,  but  that  he  waa  than 
eone  away :  that  this  was  in  •the  menik  sf 
April,  to  the  best  of  the  deponent's  reaseai- 
branee ;  and  it  seems  about  that  time  AllaA 
Breck  Stewart  had  gone  to  Hannech,  whiek 
gave  occasion  to  the  deponent's  being  informed 
that  he  was  gone  away,  and  did  not  hear  ef 
his  having  returned  to  the  country  till  afhar 
Glenure's  murder ;  and  thinks  he  wrote  aha 
to  cokinel  Crawfuitl,  according  to  the  infecmn^ 
tion  he  bad  got,  that  Allan  Breck  Stewart  wat 
in  use  of  coming  crery  year  to  the  eemlry 
since  Ardshiel  went  to  FnMceL" 

And  Alexander  Stewart  of  Innemahyle  de- 
poses, «'  That  he  lemembers  that  Allan  Break 
Slenart  came  over  to  thia  cenntry  a  year  at 
two  ago,  and  stayed  asmc  weeha  among  Ms 
friends ;  but  neither  at  that  time,  nor  the  krt 
time,  did  he  seem,  so  far  aa  the  deponent  a^ 
served,  to  be  in  any  apprehension  of  bei^ 
taken  ;  only,  as  he  had  been  once  in  the  anty; 
he  did  not  chose  to  meet  witli  any  of  the  knifli 
troops." 

And  besidee  all  this,  it  hath  appeared  in  the 
proof  before  you,  that  Brsck  Stewart  remalnad 
in  the  country,  as  usual,  a  lull  month  or  asaM^ 
after  be  had"  mentioned  the  aoppoaad  nolist 
given  concerning  him  by  Glcnnre  te  eelenrf 
Crawfuni ;  and  it  bath  not  been  proved,  or  emi 
alleged,  that  in  pursuance  of  that  notiee,  whn- 
ever  gave  it,  tkero  was  any  aearch  made  far 
Brack,  or  the  smallest  disquiet  given  tn  hun# 
or  any  alarm  or  precaationa  taken  by  byn,-  til 
after  the  murder  of  Glenure.  To  aaj  nathiap 
thereftro  of  the  injustice  of  that  cauae  of  m^ 
fience,  had  it  been  true,  that  Glenure,  n  goiA 
subject  to  his  majeUr,  formerly  a  military,  ani 
still  a  dvUoflieer  in  his  service,  badi^vennn* 
tice  to  the  commanding  officer  in  a  n«tfkb 
ing  garrison,  of  auch  a  person' as  BrecC  S 
art,  a  late  rebel,  a  deserter,  or  a  French  i 
saiy  possabiy  for  raising  recruits, 
faaely  come  into  that  oonntry;  I  have  only  le 
ebaerve  on  this  occasion,  that  in  fact  it  ia  inGro-> 
diUe,  that  Breck  Siewnrt  himself,  upon  a  bane 
surmise,  which  was  net  true,  that  Glenure  had, 
given  such  notice  to  cokmel  Crawfurd, 
upon  which  no  molestation  tbilowed  te  1 
should  have  conceived  or  proeecuted  a 
hatred  against  Glcnnre;  and  tberdore  the  I 
cense  of  that  enmity  must  have  beeitihe « 
main  ouairel  or  cause  of  oflence, 
first  taken  up  by  the  now  pannel,  i 
adepled  and  csesejed  by  Breck  in  the  nannar 
that  yon  have  heard. 

And  for  the  truth  of  this  obmnaiiun,  wv 
have  the  authority  of  the  pannel  himself,  wto 
had  ihe  best  opportunity  to  be  tboroufhly  aa«' 
qeaimed  wnh  Allan  Brock's  sentiments;  fart- 


in  the  pannei's  evasainaiion  that  hath  I 

yen,  he  says,  ••  That  bow  soon  the  4n>* 

\i  heard  of  Gknnre^saauidcr.ii  canwiMer 

hi  seyent  Mere  hed  dene  it,  h»- 

I  BNckhedtaMhim.th«itheariii 

whindjiiiamtegii 


A.  D.  1751. 


[lOO 


'  froai   Pranc€,  upon 

e'i  trtnUneni  of  Lrficluers 

» MIeriaff  Willi  Jobn  Cameron 

ttkmt  to  Loch  id.    That  ihe  de- 

f<or  tuipectio^    Atkfi    Orecic 

bfCftiiHC  he  left  the  country 

Uikin^  tefeve  o\  htm,  m  he 

if  ibe  suiA  Allan  ivas  guilty  of 

,  lie  belief  PS  it  behored  to  be  on 

littwrbwic^  ^iv«n  to  the  ten«nli 

^  ArdtMd,  auJ  lie  knovrs  oo 

^aiul»  the  eTidetice  you 
I  0f  %k%  estnirt  of  offeuce,  such  as 
L  «iere  taken  hy  tt>c  jintinel  and 
el(  Stewart  against  the  late  Gle- 
in  which  their  resent- 
I  had  been  expressed  and  dis- 
itthe  moplh  of  Aprd  last^ 
Iweot  la  Ediaburgh  to  obtain  a 
■jing  the  reinovings.     And 
ted  to  examine  the  evidence 
!  animoilties  and  tlireaten- 
rlbnl  execiitioD  thereof  by  the 
'  Okoure,  upon  the  rcry  e?€ 
I  or  tb«  15th  of  May,  when  he 
'  1  to  the  remofiog^  of  the 
ef  he  had,  upon  answers 
ibHlofitiRpenption  oOered  by 
>f«ftiae<>ordrsmtgR<'d  ;  whereby 
t  eflbrt^  to  prt* r<iul  those  rcntjor- 
t«  tiis  own  authortfy  or  in- 
» ItMitits  of  Ardshiel,  had  been 

Apiril  last,  by  the  panners  own 

lo  his  own   house  from 

I  l!i€  order  he  hud  obtained  on 

lioo,  th»t  the  isame  should  he 

1st  or  May  of  proceediog^  tQ 

after  which,  lie  caHed  ihe 

i.  ihem  notice  whnt  he  had  l»een 

■d  aeni  them  with  his  notary 

\  lo  (Jtetiure  ;  which  wait  ac- 

I  •!!  the  l(»t  of  Mfiy ,  as  Charles 

hath  dejtofed.  i 

gth  of  May,  Glenure  re- 

i^itomfrom  l5dinbtirjfh,  wbr- 

t^make  an  answer  to  that 

thm  had  been  intimated  to 

at  anawer,  had  g^it  the  same 

Ml. I   *r^v**  out,  in  his 

ing  himsHf 

^lunilaythe 

It  settle  the 

I  estate,  and 
re  the  15th. 

lit  is  proved 

II  S*tew»rt  of 
in  Glennre's 

uniiy,  (K  near  ni*ijfh- 

I  thc99  ai.'eoT«pani<d  hy  €b driest, 

inert  aon-.       *         V'       Brcfk 

to  pri  I  lie  ino- 


» Ilia  Uf)  f\ 


was  come  from 


Bilinbnrgb»  with  a  warrant  to  remove  Iti* 
tenants  ;  to  which  Allan  Breck  said,  That  if 
there  was  a  warrant,  tlier*  wan  no  more  to  fm 
said  ;  but  that  if  he  ii»d  no  warranl^  he  wonM 
not  be  allowed  to  remove  them  :  and  t!ie  wit- 
ness adds,  that  he  heard,  on  8unday  the  lOtti 
of  May,  that  Glenure  was  ^omg  lo  Fort-Wil- 
liam  \ '  and  AlUn  Ilreck  lelt  his  bouse  about 
nine  o'clock  Monday  morning^." 

This  is  conlirmed  hy  Jatnes  IStewart  the 
younger  of  Fasnacloicb,  who  adds,  *'  Thai 
ilreck  was  then  io  his  French  dress,  and  that, 
when  he  went  away  on  Monday  the  llih,  about 
nine  in  the  mornings,  he  told  the  family  that  be 
wifi  ^oiag;  to  leare  the  country  soon,  but  vmM 
see  them  ag^Qin  at  Fasnacloich  before  he  went 
away  :  and  further  says,  that,  on  Sunday  the 
10th,  he  heard,  being  in  compony  with  Allan 
Breck,  that  Glenure  bad  fot  an  order  from 
Kdinbur^h  to  retDore  the  tenants,  and  was  gotie 
to  Fort-William.*' 

From  FBtmaloich,  Allan  Breck  come  directly 
the  same  ihy  to  the  panners  house  at  Atrdiani, 
where,  soon  after,  he  put  off  his  French  clothes, 
and  put  on  the  block  or  dark-cidoureil  short 
coal  heloflg^in^  to  the  panncl,  with  t»ilver  buttons, 
with  a  bonnet  and  Irowser^,  l>eingf,  as  several  of 
the  panners  serrants  haire  de|jo^d,  the  second 
time  Ihey  ever  saw  him  in  that  dress ;  the  only 
former  lime  having  been,  when  Breck  went  in 
these  clothes  for  some  days  to  Rsnnoch  in 
April  preceding,  whilst  the  pannel  was  a  I  Edin- 
bur^i. 

Ao«l  now  the  paonel  himself  hath  declared, 
••  T^ttt  he  Wfi*  infrtrmed  on  Blonday  the  11th 
of  May,  by  his  sou  Charles,  Allan  Breck,  and  , 
Fasnacfofcb's  daughter,  that  they  heard  Gk*- 
ntire  was  to  ^o  to  Locbaber  that  day;  and  that 
one  or  other  of  them  told  him,  that  Gknore 
was  to  refnove  tlie  tenants  of  Ardsbiel.*' 

By  the  communication  of  this  intelligence, 
it  appeared,  that  the  matter  in  dispute  was  com- 
ing^  to  a  crisis  :  the  laborious  efforts  made  by 
the  panoel,  in  going  to  Edinburgh,  of  his  own^ 
aeoordf  to  get  a  stop  put  to  the  removing,  be 
now  saw  were  rendered  inelTectnal,  by  ineamr 
of  Qlen lire's  bavins^  gone  ihithrr  alter  him  : 
and  it  is  p res um edible  from  the  facts  that  pre- 
ceded, andthst  followetl  this  day,  thnt  (his  was 
the  time  when  the  patrnel  antf  Brpck,  at  bis 
own  house,  concerted*  that  Glenure  should  be 
cut  off  by  thp  hands  of  Breck,  upon  his  return 
from  Fort*  WilHam  into  that  country  of  Appio  ; 
and,  as  it  appeitra  from  the  evidence,  that  the 
pannel  at  this  time  was  low  in  caflb,  tite  facta 
tltat  hare  been  pro  red  serve  to  evince,  or  to 
render  ii  further  pi  e^iumeable,  that  at  this  time 
it  was  concerted  betrnjct  the  panoel  and  Breck, 
that  the  latter,  as  soon  as  hi«  work  wss  door, 
should  rt?t!rc  to  the  depart  of  Koalisnacoan,  and 
iher*^  wait,  till  either  the  paonel  setit  him  a 
supply  of  mnncv  ^  '    him  off,  or  catiseil* 

the  money  to  b*  by  his  friend  and 

rorrrspnndent,  VViMiuit.  .i^wart,  merekaol  ill 
Marvl«ur'j;-h. 

It  i&  triK',  that  fur  some  houn  of  this  MoQ* 
dny  the  IHh^  tbt;  [lannel  went  from  bisowa 


191] 


25  GEORGE  IL 


house,  upon  a  menage  from  BIr.  Campbell  of 
Airds  ;  but  he  returoed  home  in  the  eYening ; 
•ad  in  the  dispositioD  that  both  he  and  Brack 
Stewart  had  long  been  in  towards  G tenure, 
which  was  now  more  inflamed  by  this  fresh 
intelligence  tJtey  had  receiTed,  that  Gleoara 
bad.  got  the  better  of  them  at  law,  and  was 
about  to  proceed  in  the  remofings,  a  very  short 
consultation  betwixt  them  might  serve  to  make 
all  this  concert ;  the  evidence  of  which  arises 
from  the  ensuing  facts,  joined  with  those  pre- 
ceding this  11th  of  May. 

For  it  hath  been  proved, that  on  the  morning 
of  Tuesday  the  12th  Allan  Breck  set  out  from 
the  pannel's  house,  dressed  in  his  short  clothes, 
and  went  directly  to  the  house  belonging  to 
Stewart  of  nallachelish,  adjoining^  to  the  ferry 
of  that  name,  upon  the  road  b^  which  Glennre 
was  to  come  from  Fort  Willuim  into  Appin ; 
and  there  Breck  met  his  frienil  Stewart  the 
younger  of  Fasnacloich,  who  hath  deposed, 
•<  lliat  he  took  notice  to  Allan  Breck,  that  he 
had  changed  bis  dress ;  who  answered,  That 
he  did  it  because  the  day  was  warm :"  and 
adds,  *<  That  the  deponent  was  informed  at 
Ballachelish,  in  compiany  with  Allan  Breck, 
that  Glenure  was  gone  to  Fort  William." 

The  same  day  Allan  Breck  went,  accompa- 
nied by  Fasnacloich  the  younger,  to  the  house 
of  Macdonald  of  Glenco,  where  his  mother-in- 
law,  the pannel,  and  Ardshiel's sister,  also  lived; 
and  from  thence,  after  staging  about  an  hour, 
went  a-cross  llie  terry  to  the  house  of  Cameron 
of  Callart,  where  another  sister  of  the  pannel 
and  of  Ardshiel  lives,  and  where  he  lodged  all 
thatni{rht;  and  next  day,  being  Wednesday 
the  13th,  came  back,  after  calling  again  by  the 
way  at  Glenco*s  house  of  Camocli  to  Balla- 
chelish, where  he  remained  the  night  following. 

And  now,  gentlemen,  we  are  come  to  the 
fatal  day,  which  was  Thursday  the  14th  of 
May  last,  of  which,  and  the  days  immediately 
following, the  various  events  and  incidents  that 
have  been  proved  before  you,  merit  your  par- 
ticular attention,  as  I  endeavour  to  put  you  in 
mind  of  them,  as  nearly  as  possible  in  their 
order. 

On  the  morning  of  this  Thursday  the  1-Uh, 
about  7  or  8,  as  John  Beg  Maccoll,  the  pan- 
ner.s  servant,  hath  deposed,  "  The  pannel  sent 
him  off  with  a  letter  to  Charles  Stewart,  notary 
public  at  Maryburgh,  and  told  the  deponent, 
that  the  letler  was  to  make,  or  cause  the  said 
Charles  Stewart  come  to  the  country  of  Appin, 
to  protest  against  Glenure,  in  case  he  had  not 
a  sutficient  warrant  to  remove  the  tenants  of 
Ardshiel ;— and  also  told  the  de|ionent,  he  was 
to  get  some  money  from  William  Stewaft, 
merchant  at  Maryburgh,  to  pay  four  milk  cows 
that  were  bought  for  him  in  the  country  ;  and 
that  if  the  money  was  not  sent,  he  would  not 
get  the  cows ;  and  that  the  pannel  desired  the 
deponent  to  make  all  possible  dispatch  : — that 
accordin)<ly  he  made  all  the  dispatch  he  could  to 
Fort  Willium,  where  he  arrived  about  IS  o'clock, 
and  delivered  the  pannel's  letter  to  William 
Htewart,  merchant ;  who  told  him,  that  Charles 


Trial  of  James  Stewart, 

Stewart,  the  notary,  was  not  at  home ;  bolthat 
there  was  a  notary  along  with  GleDare«  wko 
would  serve  the  pannel  as  well  as  Glennre; 
and  further  toU  the  deponent,  that  he,  the  said 
William,  had  wrote  to  the  pannel  in  the  mon* 
ing ;  that  the  said  William  did  not  gire  hiB 
any  money,  but  said,  he  wonld  send  aorfails 
for  the  cattle." 

The  reason  whv  he  got  no  money  at  thb 
time,  is  exphiined  by  William  Stewart  himwH 
%rlio  deposes,  '*  That  he  gave  no  annrer  ii 
writing,  and  thinks  he  did  not  ffive  any  toW 
answer,  if  it  was  not,  that  he  oid  him  tall  hm 
master,  that  he  was  not  in  cash,  which  (be  nys) 
was  the  case." 

The  letter  itself,  sent  from  the  pannel  Ivy  thii 
witness,  hath  been  prodnced,  and  proved  neAn 
you  ;  and  the  postscript  of  it  is  in  these  wwdi, 
which  I  will  now  repeat,  though  they  are  ■■• 
serted  in  the  libel :  **  As  I  have  no  tiUM  Is 
write  to  William,  let  him  send  down  immediate* 
Iv  8/.  sterling,  to  pay  four  milk  cowa  1  boagkl 
for  his  use  at  Ardttiiel." — ^The  pannd  OMit 
have  had  a  very  pressing  use  for  money,  win 
he  was  thus  urging  the  navment  of  Um  prim 
before  the  buyer  received  the  cattle;  and  let  it 


be  observed,  that  this  fint  expre» 
this  demand  of  money  from  William  SlewM^ 
was  dispatched  by  the  pannel  on  the  minriiB| 
of  the  day  on  which  the  murder  happcMi  ai 
the  evening. 

Again,  you  are  here  to  observe  the  rminiiiw 
betwixt  the  pannel  and  this  William  Stawttf 
Marybui^^h,  who  appears,  by  the  letter  ivyeh 
he  mentioned  to  the  messenger  as  having  ban 
sent  by  him  that  morning  to  the  fmnnd,  Is 
have  entered  with  great  zeal  into  the  nanaah 
scheme  for  opposing  the  removing  ot  the  lit 
nants ;  for  that  letter  also  hath  been  jfnmi 
before  yon,  and  contains  these  words :  <*  I  iai 
Glenure  has  a  mind  to  eject  the  tenants ;  bH 
they  ought  to  be  deaf  to  it,  and,  ataUririBi^ 
keep  possession,  as  they  are  in  good  hndi^ 
and  it  must  end  in  exchequer ;  ao  that  I  kg 
tbey  keep  possession  :  as  there  will  be  ni 
troops,  thev  ought  to  repel  force  by  fbroa^  aad 
take  their  hazard  of  the  consequenoe,  aa  it  SM 
be  no  more  than  violent  profits." 

About  noon  on  this  Thursday  the  14lh»ii 
Ballachelish  elder  hath  deposed,  *'  Hia  gMt 
Allan  Breck  went  out  with  a  fishing-rod  nlai 
hand,  and  was  fishing  in  a  burn  near  the  dqpa« 
neut's  house ;  but  he  did  not  see  him  take  any  i 
that  he  did  not  take  leave  of  the  depoocol,  nd 
did  not  return,  and  he  knows  nothing  of  hni 
since." 

Archibald  Macinnish,  the  ferry-man  at  Balla- 
chelish, deposes, «'  That,  after  mid -day  upSA 
Thursday  the  14th  of  May  hist,  as  the  depe- 
ncut  was  sitting  near  the  said  ferry  with  aati 
ther  man,  Allan  Breck  came  behind  him,  whL 
iHwsted  (oi:  hemmed,)  and,  upon  the  depOMal^ 
looking  about,  desired  him  to  come  to  hia^ 
which  the  de|K>ncnt  did^  and  the  said  Allan  ah 
ijuised  of  him,  if  Glenure  had  croiMd  tha  frv 
from  Lochaber  to  Appin  ?  The  depoaant  I 
him  he  was  sure  he  bad  not:  that  Wfmt,^ 


►t  tway  toward*  tbe  big^h- 
m  dun -coloured  big    coat,   oiid 
rixf,      Antl    further    dcftoseSf 
larr   WB«   e3rp»^cted   hack   upnn    tlip 
y.   Mid    tbe   dejiotient  was  sure  be 
ibe  TUursilay,  as  i I  was  currently 
In  lli«  coiitiiry,   be  was  to   \m\e    a 
f  villi   iciiiie    tfenilemen  at  Kiniullme 
I  »  ursday  nigbt/* 

ISirfy*t)it  ,  upportunity  to  le&rn 

m  llie  G4iutiii'^  ;  aD«l  thai  his  in« 
tlitc  last  article  was  just  con- 
Ibe  mations  of  Gtenure  ;  and  that  tbe 
^U  knowTi^  is  furiber  proved   by 
icbf  clt.n        '    '  u  rat Kintalline, 
"i  I  Tuesday  the 

Hujf,  CU e  to  the  dcpo- 

il  Im  rni*-  Mipany  were  to 

I*  .*  i i"j  then  neict,  and 

hm  miebt  be  prepared  for  enter - 

■^UD:  thai  be  arcr»rili(kjb;!y  made  pro« 

^^Mli  ;  that  be  toll  titafGl^nore  uas 

I^K  kayiiL<  ilmi  nighty   and  that   the 

(i(|liiMflKKul  knew  oCiL'* 

cmdiB^ly  It  bntii  bei?n  proved  by  the 

wrim  «rer«  in  con^p.iny  vrilb  fJlenure, 

CJabidMI,  wbo attinded  bim  n^  a  clerk 

ft  Jmii  Mackenzie  bis  servant,  DonaM 

',  mtn  of  the  nbenff's  officers,  that 

«Bd  they  crossed  tbe  terry  td'  Balla- 

lietwtxt  four  and  tite  in  the  afternoon 

ky  t  ^^U  f^^^'f  crossing  the  f'f  rry,  Bnt- 

I  Mtr    walketl   nlon^    with   Glenure 

dfft  mile,  till  they  canie  to  tbe  skirta  of 

laf  Lrtierttiore,  where  Glenure,  pur- 

m  jyornev  ifiroui^rh   tiie  wcmjiI,  uhich 

Um  M$cr  liill  on  bta  left  hand, 

Etth«H   :        'Ji  the  body  Yvitb  tivo 
iBtred  bf  bind  his  back,  and  came 
jr  ;  of  wbicb  %vounds  be  died  upon 
t  fir  o'cltick  Vbat  same  erenini^. 
jcaaary  for  me  to  repeat  tbe  se- 

riL  *>  related  by  bis  at* 

(»  and  ornd  murder 

K^aqi«ij utea  ny  Allau  Breek  8tewart, 
tmisfttil  bis  wisheM  to  meet  Glenure 
iMOl  p^*oe,  it  rouitt  be  conlesaed  with 
Itlll4i  nmte  met  biio,  or  rather,  iu  a 
M«ranlljr  inaAocr,  lay  in  wait  b>r  bim^ 
m  oo^w^tmni  indeed  for  that  wicked 
Ibf  eaecniliutr  himself  wbikt  be  went 
I,  and  iM  i.iat   from  a  proper 

rvlreat,    r  .  ujuld  be  over,  until 

pul  IU  A  condition  t/»  leave  tbe 
;  lor  wbicb  ti  supply  of  money  was 


«f  Ibe  murder  was  quickly  broui;bt 
of  tli«  panned  by  John  Ma«;- 
i  of  the  deceaseil,  who  went 
'v  -)f  Mr.  Camjihefl  of 

<>'  pontiet  seeing  bim 
.  utter  was  ?  Ami  the 
->  riiailfr  was  killed, 
-<l»i,  expre9«ed  ^reat 
>ncd,  at  what  rmj^ht 
.       '      Uoublf.  riud  prayed 


in  ft* 


tutttnf  I 
I  0t  ««bii 


And  John  Beg-  Maccoll,  tbe  pannert 
▼ant,  wbo  had  been  sent  express  that  morning 
to  Fort' William,  and  who  was  pres^ent  at  this 
circumstance,  relates  it  in  these  words  :  *"  That 
he  was  hardly  an  hour  returned  borne,  when 
Glenure's  servant  came  to  the  door,  catling  for 
the  pannel ;  that  tlie  pannel  went  immediately 
to  the  door,  and  asked  tbe  servant  u  bat  was 
the  matter?  and  what  news  be  had  ?  To  whicli 
the  servant  replieil,  The  worst  1  ever  bad  ;  my 
master  is  murdered  in  the  wood  of  Liettermore : 
upon  which  the  pannel  said^  Lord  bless  me  I 
was  be  shot  ?  To  which  the  servant  answered. 
Thai  be  was  i^hot,  and  said,  tbe  pannel  ought 
to  go  and  take  care  of  bis  corpse:  that  the  aer- 
vant  immediately  went  ofl';  but  neither  the 
pannel,  nor  any  of  hia  family,  went  near  the 
corpse;  and  the  pannel  said,  that  as  be  and 
Gteiinre  were  not  in  good  terms,  nud  some  of 
the  people  that  were  to  meet  Glenure  bad  arras, 
be  did  not  care  to  ^o  near  ibem,  not  knowing 
what  mi^\ii  bajipeo  And  further  said,  that 
this  was  a  dreadful  accident,  and  be  w  as  afraid 
would  bring  trouble  on  tbe  cotmli'y  ;  add  ap« 
pear^l  to  be  "sorry  for  what  bad  happened.** 

Here  it  is  evident,  that  as  soon  as  the  deed 
was  over,  the  pannel's  first  rcilection,  from 
whatever  cause  that  sprung,  was  an  appreheo^ 
hion,  that  it  might  bring  himself  into  trouble  or 
dani^er. 

Tiiat  same  night,  at  tbe  panners  houae« 
orders  were  given  to  the  servants  by  bis  wife, 
to  bide  all  tbe  arms  about  tbe  hoo^e  ;  ami  ac* 
cording  I  y  John  Beg-  IVfaccoll  and  Duyatd  Mac^ 
aoll  hid  a  large  Spanish  gun,  that  used  to  stand 
in  the  brew- house,  and  four  ssvords.  Btil 
here  it  is  remarkable,  that  none  of  tbe  servants 
saw  that  night  the  other  shorter  ^un,  but  of  a 
larger  bore,  asyouhare  seen,  both  having  been 
produced,  and  proied  before  you;  concerning 
which  Duga Id  Maccoll  deposes,  '^  That  Allan 
Stewart,  son  to  tbe  pannel,  told  him  and  hia 
teliow-servaat,  that  he  him<^elf  hud  concealed 
the  lesHser  (or  shorter)  gun,  that  used  to  stand  at 
the  end  of  the  girnel  in  the  barn,  under  tbe  said 
gimel,  where  he  thought  it  would  be  safe/* 

Thiit  same  night,  and  after  tbe  murder  was 
over,  two  witnesses  have  deposed,  that  ibey 
saw  Allan  Br^ ck  Stewart  on  tli«  hill  above  tbe 
bouse  of  Ballachelish,  where  be  had  loflged 
the  night ,  be  I  ore,  aud  not  far  front  the  spot 
where  tbe  murder  happened.  These  were 
Katharine  Mackmnitib,  servant  to  Baltacbeli^b, 
a  wiincsa  called  by  the  punnel,  who  aaya, 
*'  That  in  the  evening  of  the  14th  of  May,  »be 
saw  Allan  Breck  8tewarl  at  la  goal-house  in 
tbe  moor  of  Ballachelisb,  after  Glenure  was 
{filled  ;  and  that  Allan  Breck  then  ask'^d  her, 
wild!  was  tbe  occasion  of  the  stir  in  the  lowii? 
and  that  she  told  hiin,  Glenure  was  murdfred: 
and  further  asked  her,  who  mi^rbi  have  com- 
tnitte<l  the  murder  P  and  ebe  told  him,  slie  did 
not  ku.iw  :  and  farther  saya,  that  abe  told 
iMnald  Stewart,  (who  is  nephew  aod»ou-ju- 
law  to  Ballacbehfih)  where  she  saw  Allan 
Breck  ;  but  that  she  did  not  Icll  bim  to  go  ta 
the  said  Allan,  nor  did  be  d«irc  ber/» 

U 


196] 


25  GEORGE  IL 


Trial  qfJam^  Sietvarit 


[196 


And  lliis  Donald  Stewart  deposes,  «  That 
vpoD  the  ereoiDg  of  Tliuradaj  the  14th  of 
jilay,  about  night-fall,  Katharine  Mackinnish 
called  him  out  uf  Ballacheliab'a  house,  and  in- 
formed him,  that  Allan  Breck  wanteil  him,  and 
that  h^  was  a  little  above  the  house  on  the  brae 
(or  hill):  that  the  deponent  went  up  the  brae, 
and  met  Allan  Breck,  who  was  then  dressed  in 
a  prreat  coat,  and  a  dark  short  coat  under  it, 
with  white  metal  buttons:  the  deponent  told 
biin  uf  the  murder,  and  aaid.  It  could  not  be 
but  that  he,  Allan  Breck,  was  about  it:  to 
irbich  Allan  Breck  answered.  That  he  heard 
of  the  murder,  but  had  no  hand  in  it :  to  which 
the  deponent  replied.  He  did  not  belie?e  him : — 
that  tne  said  Allan  Breck  further  said,  he  be- 
]ie?ed  he  would  be  suspected  of  tlie  murder; 
and  upon  that  account,  and  as  he  waa  a  deserter 
Ibrmerly  from  the  army,  it  was  necessary  for 
Jiim  to  Iea?e  the  kingdom." 

The  events  of  Friday  the  15th  of  May  last, 
immediately  following  the  murder  committed 
00  the  evening  of  Thursday,  do  no  less  merit 
your  attention,  and  these  begin  ?ery  early  on 
that  day  ;  for  John  Maodonald  of  Glenco  de* 
poses,  "  That  on  Friday  the  l.^tli  of  May 
last,  the  said  Allan  Breck  Stewart  came  again 
to  the  deponent's  house  at  Camock,  at  three 
or  four  o'clock  in  tbe  morning,  and  knocked  at 
a  window  when  the  family  were  all  in  bed  ; 
that  tbe  deponent  went  to  the  door  of  bis  house, 
and  there  saw  Allan  Breck,  who  gave  him  the 
first  notice  he  had  of  Glenure's  being  mur- 
dered the  evening  before  in  the  wood  ot^^etter- 
more ;  and  told  him,  that  he  was  to  leave  the 
country,  and  to  go  the  Moor- road  leading  to 
liannoch  ;  and  camo  to  take  leave  ef  the  de- 
ponent and  his  step- mother,  who  is  a  aister 
of  Ardshicl's ;  and  that  the  deponent  did  not 
ask  Allan  Breck  any  questions  about  the  said 
murder." 

And  with  Gtonco  concurs  Isobel  Steirart  his 
step -mother,  who  also  got  up,  and  went  out 
with  her  step-son,  to  receive  Allan  Breck'a 
nocturnal  visit  at  the  door :  and  she  says,  *<  That 
she  asked  him,  what  news  up  the  country  ? 
To  which  he  answered,  a  good  deal  of  news ; 
that  Glenurc  was  killed,  or  shot  the  evening 
before,  in  tlie  wood  of  Lettcrmore :  that  lie  was 
come  to  take  farcwel  of  the  deponent ;  for  he 
was  to  leave  the  country :  and  that  she  asked 
bim  no  more  questions  abunt  the  murder, 
though  she  askeii  hiui  to  come  into  the  house ; 
but  he  answered,  he  would  not  slay.' 

U|M)nthis  incident  it  is  an  obvious  reflection, 
that  neither  the  pannel's  sister,  the  lady  Glenco, 
iior  her  s^ui,  judged  it  necessary  to  ask  any 
question  of  Allan  Breck  al>out  the  murder, 
M'hich  he  now  related  to  them,  as  what  had 
happened  a  tew  hours  before  he  came  thus  uu- 
aeasonably  and  abruptly  to  take  leave :  these 
circumstances  superseded  the  question  as  su- 
|ierfluou8,  who  it  was  that  did  itP 

About  ten  o'clock  in  tbe  forenoon  of  this 
lame  Friday  thr  15tb,  Donald  Stewart,  the  ne- 
phew and  sun-in- taw  of  Ballachelish,  deposes, 
*'  That  be  oict  James  Stewart,  the  pannel,  in 


Duror,  not  far  from  his  own  bouse ;  and  that, 
u(ioo  the  depooent'a  regretting  that  sacb  an 
accident,  as  Glenure's  murder,  should  happen 
in  the  country ;  the  pannel  joined  with  bim  and 
said,  that  he  .was  informed,  that  one  leijeanl 
More,  alias  John  Cameron,  had  been  threaten* 
ing  harm  to  Glenure  in  France ;  but  did  not 
inform  tbe  deponent  who  told  him  so :  and  for> 
tlier  deposes,  that,  to  his  knowledge,  serjeant 
More  has  not  been  in  Appin  these  ten  yean 
past." 

Now  this  very  Donald  Stewart,  who  ii  a 
friend  and  neighbour  of  the  pannd's,  had,  as 
you  have  heard,  the  night  berore  said  to  Allan 
Breck  hiouelf,  that  he  was  surely  the  murderer, 
which  was  the  sense  and  opinion  of  the  whole 
country ;  and  yet  here  it  is  very  remarkable, 
that,  when  the  thing  was  recent,  and  as  some- 
bmly  must  have  doue  it  who  was  likely  to  be 
capable  of  such  an  enormicv,  this  pannel,  for 
want  of  a  belter  shift,  is  endeavouring  to  start 
a  very  improbable  hypothesis,  and  to  threw 
the  suspicion  on  this  serjeant  More  Cameroni 
which,  as  it  was  destitute  of  any  foundatioB  in 
truth,  gained  no  sort  of  credit  or  belief;  and 
YOU  are  to  consider,  gentlomeo,  if  it  could 
be  started  by  the  pannel,  at  this  time,  for  any 
other  purpose  than  to  divert  the  attention  and 
the  suspicions  of  mankind  from  his  friend 
Allan  Breck. 

The  same  day  about  twelve  o'clock,  Alex- 
ander Stewart,  travelling  packman  in  Appin, 
and  first  cousin  to  Allan  Breck,  deposes,  *'  That 
the  pannel  desired  him  to  go  to  Fort  William  to 
William  Stewart,  merchant  there,  and  get  fron 
him  five  pounds,  or  five  guineas ;  and  tolil  the 
depouent,  that  his  friend  Allan  Breck  was 
about  to  leave  the  countrr,  as  there  were  troopa 
coming  into  it,  and  that  he  might  be  suspected 
of  Glenure's  murder ;  and  that  it  was  ineum* 
bent  upon  him,  the  pannel,  to  supply  the  said 
Allan  Breck  with  money ;  and  the  pannel  de- 
sired the  deponent  to  tell  the  said  William' 
Stewart,  that  he  must  find  him  money,  tliongli 
he  should  borrow  it  from  twenty  purses ;  and 
aUo  to  tell  him  to  give  credit  in  live  pounds 
sterling  to  John  Breck  MaccoU,  bouman  to 
Appin  at  Koalisnacoau,  in  case  he  came  to  de- 
mand such  a  sum  :  that  in  consequence  of  ibie 
mpssage,  he  went  to  Fort-William,  where  he 
arrived  early  in  the  evening,  met  William  Stew- 
art, dclivci-ed  his  message ;  that  William 
Stewart  told  iiim,  he  had  not  money,  but  that 
next  morning  he  would  give  him  his  errand." 

William  Stc»  art  himself,  who  received  this 
message,  deposfs,  **  That  it  was  about  ten 
o'clock  forenoon,  or  betwixt  ten  and  twelve, 
that  be  saw  the  packman  at  Fort-William ; 
and  his  wile  swears  it  was  about  mid-day  ;" 
and  if  they  are  both  in  the  right,  the  packman 
himself  must  have  been  mistaken,  when  he  says, 
thst  he  was  dispatched  by  the  pannel  from  An- 
charn,  so  late  as  about  noon  tliat  day  ;  of  which 
circumstance  1  shall  hereafter  have  occasion  to 
take  some  notice. 

William  Stewart  further  deposee,  «•  That,  tt 
tbui  time,  he  asked  the  packmtni  if  he  hid 


for  Murder. 

eome  by  the  road  where  that  unlucky  murder 

jftfCreoure  had  happened?    and  the  packman 

I  loJil  him  he  did  ;    but  the  deponent  did   not 

*  iilc  hrm  who  wts  suspected  tor  tt,  nor  had  any 

IfUbircmirerutioD  on  thai  subject^  there  bein'if 

|Bmst  inmny  people  pre^nt  in  the  shop  at  the 

^^^tf*     But  tnis  apology  nottf  itU«tandin£|^,  (for 

^^Bbe  pimple  in  the  shop  at  Mar^burgU  wouM 

^Itftheeo  ready  to  liatcn  to  news  about  audi 

imoQ  etent)  this   William   Stewart, 

flti  well  acquainted  with  the  cause  ot 

bett%f%i    the  pannel   and   Glenure, 

tittle  ioquisitive  on  this  ocduioti  of  rt> 

message  from  the  puniiel  thedny  after 

niarder  happened,  seems  to  he  uo  otherwise 

iMOOoCabte,  than  by  the  supposition  that  he 

Imw  so  wdl  %iho  were  GleuufL'^a  enemies  ai 

tbttttime,  that  it  was  improper  or  unueces-wiry 

lor  him  to  be  inquisitive  about  ihe  authors  of 

hii  murder. 

Dufnld  Maccoll^  the  panntl'si  servnnt,  de- 
|0M5,  *»  That  about  four  o'clock  in  the  iifter- 
MQHof  thi«  Friday  the  15th  of  May  tutt,  thw 

Cael  desireil  the  ilepunent  to  carry  flie  iirm« 
n  tlt«  Irouflea  (at  Aucliaru)|  and  hide  thc-m 
in  the  moor;  that  accordingly  the  depoiieni, 
ti»4  John  Bei;  i^laccidl,  took  the  tiiresaid  lar^e 
|fa&  from  the  hack  of  tlie  sliei^p-hou^e  under 
lk  thatehf  and  the  said  four  twuids  from  under 
lh«  thatch  of  the  barn,  and  fiiund  the  gun  that 
uffd  to  stand  in  the  barn  under  the  prne!, 
ibre  the  said  AiUn  Stewart*  the  fiannerii  son, 
ntd  he  hid  it,  and  carried  iheui  to  i\i^  iiuior, 
Ibd  bid  them  iu  the  hole  of  a  rock  aljove  the 
fttlitiMMS:  that  the  large  or  Spatii&h  g[uii,  that 
iM  to  the  brew- house,  was  charged  with 
fowtler  and  stnall  drops  ;  and  that  there  w^» 
nribot  ja  the  amall  or  lesser  gun  that  usefl  to 
ttaoit  at  the  end  of  the  g^irnel  in  the  barn  ; 
tiilt  they  overtook  Katharine  Maccoll,  lervant 
to  tliep«nnel,  in  the  brae  above  the  bouse  of 
iacham,  with  a  pock  or  sack»  anrt  suiTietliinf^ 
in  it|  under  her  arm.  The  deponent  atikiHl  her 
wbitihehad  got  in  the  sack  ?  to  which  she 
*Mwere<|,  that  it  was  Allan  Breck's  clothes, 
tod  that  she  was  goin^  to  hide  them  ;  and  the 
dtpQoeot,  and  the  said  John  Beg  Maecoll, 
•w  ber  hide  the  sack  in  which  the  said  clothes 

This  is  confirmed  by  the  oath  of  John  Befif 
Hiccofl,  the  other  serraut,  who  says,  "  They 
iire  desired  by  the  pannel's  wife  to  hide  the 
»!•  belter"  (i.  e.  thsti  they  had  done  the 
MfiN  before) ;  and  by  the  oath  of  Katharine 
MtQOollt  who  says,  "  That,  upon  the  evening 
tftfui  Friday,  her  mistress,  the  pannePs  wife^ 
fi  op  a  bUie  coat  and  red  waiskM>at,  with 
ling'  else  into  a  sack,  and  delivered  them 
tdepooeoti  desiring  her  to  hide  them  some 
ftritbout:  that  her  mistress  did  not  tell  the 
)t  to  whom  the  clothes  belmnred,  hut 
Ibe  deponent  thought  the  said  coat  and 
were  Allan  Breck's  :  and  she  adds, 
time  in  summer  last^  atter  the  above 
1 1  8uloiuou  Bane  MaccotI,  servant  to  the 
&I,  told  the  depone ntf  thai  the  said  Mrs. 
tf  spouse  to  the  panoeJi  desired  her  to 


A*  D.  175«- 


[196 


conceal  what  she  knew  about  the  above  clothet, 
in  case  she  should  be  asked  or  examined  about 
them.^» 

On  Satarday  the  16th  of  May.  as  William 
Ste^vart's  wife  hath  deposed,  **  »hc  being"  soh- 
citoits  to  have  the  cows»  bousfht  for  her  bus- 
baud's  use  hy  the  pannelf  towards  stocking  a 
farm  they  bad  taken,  g^ave  the  jiackujan,  hit 
messenger,  three  i^uineas  out  of  ber  purses 
and  the  packman  defioses,  that  he  got  the 
money  from  Mrs.  Stewart,  after  he  had  seen 
William  Slewan  himself,  on  this  Saturday  the 
16th »  who  told  htm  lie  would  let  him  go  imme- 
diately ;  and  that,  havtnjf  cr*'t  the  three 
guineas,  he  forth"  illi  returned  to  Aucharu,  and 
arrived  iliere  in  the  evening,  near  to  which 
place  he  found  the  panne  I  a  prisoner ;  but  the 
panncl's  wife,  and  the  deponent,  having  had 
access  to  converse  with  the  panuel  apart,  ihc 
flannel  ajiked  the  deponent,  what  ntoney  he  had 
brought  from  Fort- William  ?  and,  upon  the 
ileponent's  telling  him  that  he  had  brought 
three  guineas,  the  pannel  pulleil  a  greeu  purse 
out  of  his  pocket,  out  of  which  he  look  two 
guineas,  and  gave  them  to  his  wife,  who  deli- 
vered them  iuimediulely  to  the  deponent  ;  and 
the  pannel  desired  that  the  five  guineas  tthould 
he  sent  to  that  unhnppy  man,  ittesauing  Altaa 
Breck,  to  see  if  he  cuuld  make  liis  escape ; 
and  pitehetl  upon  the  deponent,  as  a  person 
that  should  go  with  the  mtmey, — That  soon 
after  the  psnnel  was  carried  oil  by  a  parly  to 
Fort-WiTliam;  and  Mrs.  Stewart  told  the  de- 
poTjent,  that  he  would  Hud  Alluii  Breck  in 
Koalisnacoan  ;  and,  sometime  after  u^ht-fall, 
the  deponent  got  his  supiier  at  Aucharu,  and 
then  the  panuel's  wife  carried  the  deponent  to 
Ihe  back  of  the  brew-house,  where  there  lay  a 
sarkj  out  of  which  the  s^id  Mrs.  Slewurt  took 
a  blue  coat,  red  waistcoat,  black  breeches,  a 
hat  at^l  some  shirts,  all  which  she  delivered  to 
the  deponent,  ordering  him  to  go  with  the 
clothes  and  money  to  Koalisnaeoan  imine- 
difltely,  and  deliver  them  to  John  Breck  Mac- 
coll,  bouman  to  Appin,  if  he  did  not  meet  Allan 
Breck  himself;  but  directed  the  deponent  not 
10  carry  the  clothes  to  the  baumau's  house,  lest 
any  body  should  see  them  ;  that  the  depoueni 
accordingly  set  out,  that  same  night,  foi-  Koa- 
litnacoan.^^ 

In  the  mean  while,  as  John  Breck  MaccolT^ 
boumati  to  Appin,  halh  deposed*  *•  Upon  the 
afternoon  ^K  this  Saturday  the  16th  of  May,  as 
the  deponent  was  in  a  Isr-hush  (or  thicket)  near 
Aldavoim,  at  the  foot  of  the  heugh  (or  deep 
holloiv  place)  of  Corrynakeigh  in  K«mhsna» 
coao,  he  heard  a  whistle,  and,  upon  Wkingupi 
saw  Allan  Breck  at  a  little  di^itauce,  beckoning 
to  the  deponent  to  come  towards  him  ;  which 
he  did:  that,  after  salutations,  the  deponent 
lotd  him,  he  was  afraid  it  was  no  good  action 
that  occasioned  his  being  in  such  a  remote 
place,  and  at  such  a  distance  from  any  com* 
mon  road  ;  that  Allan  Breck  answered,  The 
place  was  not  very  far  from  a  road :  that  the 
deponent,  having  heard  the  day  before  of  Gle- 
Dure'd  murder^    charged  Allan    Breck   with 


199]  25  GEORGE  II. 

being  goilty  of  it:  that  Allan  Breck  asked  tbe 
deponent,  what  he  had  heard  about  the  mur- 
der? That  the  deponent  answered,  That  he 
had  seen  no  person  from  the  strath  (or  Tale)  of 
Appin ;  but  that  two  poor  women,  that  had 
come  up  Glenco,  were  telling  that  Glennre  was 
murdered  Thursday  evening  in  the  wood  of 
Lettermore;  and  that  two  people  were  seen 
going  from  the  place  where  he  was  murdered  ; 
and  that  he,  Allan  Breck,  was  said  to  be  one 
of  them. 

**  That  Allan  Breck  answered,  he  had  no 
concern  in  it ;  and  that,  if  his  information  was 
right,  there  was  but  one  person  about  the  mur- 
der ;  and  that,  as  he  was  idle  in  tbe  country, 
he  was  sure  he  would  be  suspected  of  it ;  but 
that  would  give  him  little  concern,  if  he  had 
not  been  a  deserter,  which  would  l»ear  harder 
upon  him,  in  case  he  was  apprehended,  than 
any  thing  that  could  be  proved  against  him 
about  the  murder. 

"  That  the  deponent  did  not  believe  him, 
when  hu  said  he  had  no  hand  in  the  murder  of 
Gleiiure ;  and,  not  caring  to  press  it  much 
upon  him,  told  him,  that,  as  ne  was  already 
8uspe<*teti.  it  was  dan^rous  to  ha?e  any  inter- 
courtie  with  him  ;  and  pressed  him  to  leave  the 

J»lace,  lest  he  should  bring  the  deponent  and  his 
amily  to  trouble. 

'*  That  Allan  Breck  said,  he  did  not  doubt 
but  that  the  family  of  Ardshiel  would  be  sus- 
pected of  the  murder,  and  it  was  probable  the 
pannel,  and  Allan  Stewart  his  son,  might  be 
taken  into  custody  about  it;  and  that  he, 
Allan  Breck,  was  afraid  Allan  Stewart  the  pan- 
nel's  son's  toujy^ue  was  not  so  good  as  hit 
father's ;  by  which  words  the  deponent  under- 
stood, that  Allan  was  easier  intrapped  than  tbe 
pannel. 

<*  And,  the  deponbnt  still  insisting  upon 
Allan  Brock's  leavmg  that  ncighbourhM>d,  the 
said  Allan  Breck  told  him,  he  would  not  leave 
the  town  (as  the  witness  expresses  it,  or  the 

{dace)  for  right  days,  imless  some  necessaries 
le  expected  came  to  him ;  and  told  the  depo- 
nent, unless  some  money  came  for  him  berore 
next  morning,  be,  the  deponent,  must  go  to 
Fort- William  with  a  letter;  that,  though  the 
deponent  refused  to  go,  Allan  Breck  looked 
about  among  the  trees,  and  finding  a  wood- 
pigeon's  quill,  made  a  pen  of  it,  and  having 
made  ink  of  Kome  povider  he  took  out  of  a 
po\«(ler-horn  that  was  in  his  pocket,  he  wrote  a 
fetter,  whirh  he  told  the  deponent  he  must  de- 
liver to  William  Stewart,  merchant  at  Mary- 
burgh. 

<*  And,  noon  the  deponent's  telling  him, 
that  he  would  by  no  means  undertake  that,  as 
he  was  informed  that  every  body  that  went  to 
Fort- William  %vas  searched,  Allan  Breck  said, 
it  was  an  easy  matter  to  hide  a  letter ;  the  de- 
ponent answered.  If  he  was  catched  upon  tbe 
streets  what  would  he  do  with  it?  Allan  Breck 
told  him,  that  the  letter  must  not  be  found 
upon  him  by  any  means,  and,  if  he  was  catched 
with  the  letter,  be  must  eat  it  before  it  was 
found;  that  the  deponcot  then  told  the  said 


Trial  of  James  Stea>arif 


[800 


ne  mei  Aiian  jarecK  ai  luis  ume,  veiny 
'k  short  coat  and  trowsers  lying  apoa 
e,  and  produced  to  him,  and  provea  !» 
en  the  property  of  the  pannel. 


Allan  Breck,  that  he  did  not  know  bathe  woakl 
be  obliged  to  go  for  some  beer  next  dajr  to 
Fort-William,  m  which  case  he  might  poiaibly 
carry  the  letter  ;  but  at  the  same  time  told  the 
said  Allan  Breck,  that,  if  he  shoukl  be  taken 
up,  he  would  tell  all  he  knew  about  him. 

««  That  the  said  Allan  Breck  desired  tbe  de* 
ponent  to  go  to  Callart,  or  Glenco's  house,  ftr 
a  peck  of  meal  to  him ;  which  the  depoiieek 
refused,  and  at  parting,  the  said  Allan  Breck 
told  the  deponent,  he  would  see  him  next  day.** 

The  bouman  further  deposes  to  the  dress  a 
which  he  met  Allan  Breck  at  this  time,  being 
the  black 
tbe  table, 
have  been  the  property  ot  the  pannel 

Early  upon  Sunday  morning,  the  17tb  of 
May  last,  as  both  the  packman  and  the  boB- 
man  have  deposed,  they  met  near  to  tbe  boa- 
man's  house,  whereof  the  latter  at  first  denied 
to  the  packman,  that  he  had  seen  Allan  Biecki 
and  u|>on  the  other's  being  surprized  at  thiii 
and  saying,  he  was  informed  he  wonld  meet 
Allan  Breck  there,  and  had  brought  some  ne- 
cessaries for  him ;  and  the  bouman  enquiring 
what  he  had  brought?  tbe  packman  answeraC 
dwe  guineas  and  some  clothes;  and  told,  that 
he  had  a  great  deal  of  trouble  in  getting  the 
money  ;  that  he  had  been  sent  by  the  paniMl 
to  William  Stewart  at  Fort  Wdliam,  froai 
whose  wife  he  got  three  guineas,  and  that  Ibi 
pannel  or  his  w  ife  gave  him  the  other  two  goh 
neas ;  and  that  the  panncrs  wife  gave  hisB  the 
clothes,  and  informed  him  that  Allan  Brack 
was  to  meet  him  at  that  place ;  wberettpea 
the  bouman  owned  to  the  packman,  that  he 
bad  seen  Breck  the  day  before,  and  that  he 
expected  these  things,  and  directed  tbe  pack- 
man how  he  might  find  Breck,  if  he  would 
go  to  a  hill  he  pointed  out  to  him,  near  to  the 
eugh  of  Gorrynakeigh,  and  whistle  once  er 
twice,  be  believed  Breck  wonld  come  to  kia: 
but  this  the  packman  declined,  telling,  that  ha 
had  slept  none  "  *  ''       ^  " 

moch  fatigued 
bouman  the  five  gumeas, 
the  clothes  at  some  distance,  and  would 
them  to  the  bouman  when  he  was  going  away  ; 
and  then  went  to  sleep  in  the  bouman's  boaaet  , 
After  the  packman  bad  slept  some  hours  hera» 
he  dined  with  the  bouman  his  landlord,  and 
tlod  him,  **  That  the  pannel,  and  Allan  his 
son,  were  made  prisoners  the  evening  beliira^ 
and  sent  to  Fort  William ;  and,  upcm  tbe  bon- 
man's  enquiring  who  was  suspected  of  Glenure^ 
munler  ?  the  packman  answereil,  that  it  was 
Allan  Breck ;  and  that  it  was  likel  v  the  pan- 
nel, and  Allan  his  son,  would  stand  the  firrt 
trial  for  it."  And  aliout  noon  this  Sunday  the 
packman  went  away,  without  seeing  his  con- 
sin  Breck,  aller  havmg  pointed  out  to  the  bon< 
man  a  fir-tree,  at  the  root  of  which  he  had  bid 
Allan  Block's  clothes. 

The  bouman  further  deposes,  (and  indeed 
every  word  of  his  testimony  meriu  yonr  afr* 
tention,  and  was  given  in  a  most  lively,  natnnl, 
and  ccedibie  manner)   <*That,  after  be'kii 


ine  pacaman  ueciioeu,  wiiing,  vumt  am 
I  none  for  two  nights,  and  was  wmj 
tigned  ;  and  upon  this  delivered  to  tbe 
the  five  guineas,  and  told,  he  had  left 
bea  at  some  distance,  and  would  aheiv 


fir  Mtitdtr* 

tell  it|ioo  ihm  mme  SnmUy  «veiiifi^, 

^'■^"rking  «l  ihe  M^ortow,  and 

t>«  A  Han  Brcckf  he  got  ti\K 

I  iiK    i^liiit,  and  stivv    Alkn 

ml  i:e  (torn    tlie   house; 

^  1  comiag  up  to  bim, 

him,  if  any  message  had  cnme 

Tfcir  depoopnt  tuld  bim,   ihut  his 

MQ    bad  i!Oiue  «^iUi  <i(e  guineas  and 

cMkea:    Ibat  Athui   Breck  coiiiplaiittid 

ir»«  bill  UlUe  mooey,  biH  hoped  ii  would 

tbnt  ihe  de|K)i»eiit  told  the 

I    wft'jai'rttivl  be  would  stJirve 

4|if  and  that  he  ^^as  nut  able 

bim  :    4iiut  AlUn  Breck  ans^eri^d,  lie 

oeouMio   for  victuals,  bui   vvanted  a 

TCTf  tmieli ;    upon  nhicb  the  depooent 

in  bis  hotise,  Aud  carried  out  Home 

ftociie  milk   and   water  in  a  no^cin, 

fve  guioeaa,  and  i^ve  boih  to  Allan  ^ 

lb«t  Ihe  deponent  then  went  tor  ihe 

«kkli   he  alco  gave  the  said   Allan 

oonsi&ted  of  a  blue  long  coat, 

black   breecbefl,  a  bat,  lome 

m4  iihtrt9« 

ibe  deponeiit  told  Ihe  said  Allan 

llMlihe  paiinclaad  ht«  son  Allan  were 

i  Bcoiiunt  o»  Glenure's  murder  ; 

Breck  answered,  That  that  was 

lie  eipecied  \    bm  it  would  not 

i» tti  there  could  be  no  proof  against 

lot  cvfrtaaed  aotne  appreuension*  Icsl 

ISie«v«n,  ton  to  the  panoel,  might  be  be- 

~  by  liaa  nwd  ioogue. 

^*  Tb*t  tbe  dcpotieut  desired  the  taid   Allan, 

mm  ibM  be  bad  gnt  all  the  ncr^iti^aries  he  ex- 

fisltd,  li>  CO    about  hilt  business;    and  the 

mi  Atks  Bmk  promised  to  ilo  so,  bui  told 

Ik  difJMitaL,   that  be  must   meet   hitu,  the 

■il  AAm    Breck,  uexl  morning;    that  he 

mA  idivi^r  ibe    deponent    Ihe    clothes   he 

Iha  md  Mian  Breck  had  then  on,  to  wit,  the 

Ibsk  dkn  e<»l  and  trun  '     mi  lo  tbe  dc- 

MfMis  tbe  clerk '»  ba<  r  lo  be  kept 

tf  Ifcf  4tpmi<til,  till  he  titintritM  thetii  to  the 

fmmi\  miU  t    thai  tbe  depoaent  promiseil  to 

■fUdie  nM  Allan  Breck  next  morning,  but 

i4  ist  Kc  biirt ;    and  when  the  dtiponeitt  went 

19  Mit  moming,   he   found  the*  said    short 

UldlCMt,lrowmrr>«,  and  the  noggin  in  which  he 

^■i  cmnmk  tbe  drink  lo  Allan   Breck,  lying 

^^Klte   IB    tbe    pbice   where    the   deponent 

H^Pl^  «ilU    AlUii    Breck  Itie  night   before; 

tillbM  br  b»lh  aol  ieeu  Ihe  said  Allan  Breck 

On  Sliialay  the  18ib  of  May,  Allan  Breck 
mirbiiiw,  as' he  bad  praf>oKed«  by  a  very  un- 
N^aiBitJ  ff'^'''.  I       i'  I   moor<^,  and  orer 

lk»  tnwiitatn-  .    and  came  thut 

iMtilftyiot!  i    tii^n  Dig  Carneroa 

11  ilimnrti^  I  vub  whom  be  retnain- 

I4AII  Wwdm^MUy uuig.     The  uncle  hath 

mid,  **  Hm  |ir««ied  him  earnestly  to  make  a 
cbao  IffCBSlf  Mid  Irll  btin  ill  Uf  Utiew  of 
Cfbftisri!*!  itiiirdm'.    Tu  lowered 

•nil  i«  o«tb|  Tbat  hi  bift  ui«>Dure, 

I  tht  oQolf  hovrcrer  frcf|uenl1y 


A,  D.  1752- 


[208 


repeat^  bis  tnstanceit,  till  Breck  became  ftngry^ 
and  ihp  iioele  deaisitNl  further  eoqiiiry/' 

Four  days  after  Breck  left  bis  iiocle**  bonse. 
that  is,  on  the  2iMi  o\  May,  **  Ihe  uncle  haf«* 
iDg  ocesiioti  to  bF  ourteeo  miles  from  his  own 
House,  (further  down  the  country)  and  passing 
k»V  Ihe  Kide  of  a  wood,  he  heard  a  whistle  from 
tbe  wiHid,  and,  l»okincr  ah«>nt,  saw  Allan  Breck, 
who  then  told  His  uncle,  iliat  bis  only  fear  was 
l<«  be  appreht'udaK  by  the  nalitary/as  he  bad 
beea  a  des^-rter  The  uncle  answered,  Ue 
was  very  sore  tbe  friends  of  Ihe  deceased 
would  procure  bim  bis  discharge,  if  be  could 
discover  the  murderer.  And  Breck  replied. 
That  ihey  were  at  this  lime  in  such  fury  and 
rage,  tbiit  be  was  very  sure,  were  he  appre* 
bended,  he  would  be  hanged." 

It  is  unnecessary  that  I  should  resume  mi- 
nutely what  tbe  other  witnesses  said,  who 
saw  Breck  Stewart  in  Rannoch  or  Athole, 
when  he  passed  tbroitgb  that  country  at  this 
time ;  bis  appearances  bespoke  the  situation 
be  was  truly  in,  that  of  a  malefactor  study  tog 
10 conceal  htniself,  and  making  bis  escape*, 

1 1  is  however  material,  that  you  should  fur- 
ther obberve,  that  after  BrtfckStew^jrt  bad  thua 
disappeared  from  the  country  of  Appin,  where 
this  murdrr  was  committed,  every  body  in  thai 
country,  and  in  thai  of  Hannocb^  through  which 
be  retired ,  and  in  boib  which  he  was  well 
known,  and  had  relations,  imputed  lo  him  tbn 
actual  murder,  and  ti>  no  other  person.  You 
have  already  beard,  that  Donald  8(ewarl»  the 
nephew  of  Balbcbelisb,  charged  him  with  it 
t'j  his  face  on  ibe  night  of  Thursday  the  14lh, 
when  the  blood  *»f  the  deceased  was'hardly  yet 
cold,  as  Ibe  bouiuan  did  on  Ihe  Saturday  lollow- 
ing;  and,  un  the  Monday  fiillowiug,  Cameron 
bis  uncle  disr<.?ereil  the  same  belief.  And  1  have 
now  lo  adil  upon  this  bead  of  tbe  voice  f>f  tbe 
coimtry,  or  ihe  Jama  viantr,  thai  Bjiliachelish 
elder,  who  had  been  his  landlord  the  night  Iwj. 
Ibri*  the  murder,  says,  **  That,  Ihe  morning 
after  Ihe  murder  was  commititd,  the  deponent 
really  thoughi,  that  Allan  Breck  Klewart  might 
be  the  actor  in  this  murder,  because  he  did  not 
return  to  tbe  deponeut  again/'  And  Maciu- 
nes,  the  ferry -man  at  BaUaciiel3sh,savs,  **Tha| 
he  beard  no  liody  suii|)ccicit  Jor  the  murder  of 
fflenure,  but  the  said  ADsn  Breck.**  And 
Jnmes  Mann,  change-keeper  in  Rannoch,  says, 
*'  That,  before  Allan  Breck  came  lo  bis  house 
in  Msy  I  ist,  it  was  reported  in  that  country, 
that  he  was  concerned  la  Glenure^s  murder ; 
and  that  be  himself  suspected  him  at  tbe  lime, 
as  be  came  unseasonably,  aod  was  wanting 
provisions/* 

There  are  yet  other  eircumatances  subse4|a«i)| 
to  the  murder,  and  to  the  pannePs  cnnimitmani 
al  Fort  William,  that  deserve  your  considera- 
tion with  the  rest  of  the  evidence  ;  one  of  these 
is  deposed  by  Hugh  Maclean,  barber  in  Mary- 
burgh,  who  says,  **•  That  one  day  being  called 
by  the  pannel  to  shave  him,  be  thinks  upon  a 
l^lurday,  the  pannel  asked  bint,  what  news  he 
beard  in  the  town  ?  The  deponent  answered, 
That  be^  the  panpel,  was  to  be  CArried  to  Edin- 


803J 


25  GEORGE  II. 


Trial  afJamu  Slexart, 


\m 


bur^h  on  the  Monday  following ;  whereupon 
the  pannel  said,  that  was  a  matter  that  gave 
him  DO  concern,  and  wished  it  had  hapyiened 
sooner ;  and  was  afraid  of  nc  Ihing  but  that  his 
servants  mi^t  be  inticed  to  take  money,  and 
turn  ap;ainst  him ;  and  desired  the  deponent,  as 
from  him,  to  tell  his  serrants  to  say  nothing* 
but  truth,  to  keep  their  minds  to  themselves, 
and  he  wouM  take  care  of  them,*  and  accord- 
ingly the  deponent  delivered  the  pannel's  mes- 
sage, in  his  own  words,  to  two  ot  his  servants, 
who  were  then  in  separate  custody  in  the  same 

Krisoii ;  and  that  they  were  both  of  the  name  of 
laccoll." 

Again,  gentlemen,  you  have  heard  read,  and, 
I  dare  say,  with  much  regret,  the  examination 
of  the  pannel's  wife  and  daughter,  taken  before 
the  sheriff  upon  oath,  wherein  they  say,  **Tbat 
Allau  Breck  Stewart  came  to  the  pannel's 
bouse  no  Monday  the  11th,  in  bis  Frtnch  dress 
(that  has  been  often  described),  and  that  he 
went  away  next  morning,  after  taking  leave  of 
them,  dressed  in  the  same  habit;"  and  yoa 
have  heard  by  what  a  cloud  of  witnesses  it  was 
proved,  that,  from  the  evening  of  Monday  the 
11th,  till  the  morning  of  Monday  the  18th, 
Allan  Breck  was  seen  in  no  other  dress,  than 
the  short  coat  and  trowssrs  belonging  to  the  pan- 
nel, now  lying  in  coart ;  and,  bv  the  pannel's 
own  servants  and  the  packman,  it  has  been  prov- 
ed, that  Breck's  French  clothes  were,  bv  Mrs. 
Stewart's  order,  put  into  a  sack,  and  hid  in  the 
moor  near  the  pannel's  house,  from  thence 
brought  back  by  the  same  servant  maid,  by  order 
of  Mrs.  Stewart,  and  by  her  delivered  to  the 
packman,  by  him  to  be  carried  to  Breck  at  Koa- 
lisnacoan ;  and  that  the  maid -servant,  who  was 
employed  bv  her  mistress  to  hide  these  French 
clothes,  and  to  fetch  them  back  again,  was,  by 
a  message  from  her,  desired  to  conceal  what  she 
knew  alMot  the  clothes,  in  case  she  should  be 
asked  or  examined  aboot  them. 

These,  I  think,  gentlemen,  are  the  most 
material  facts  and  circumstances  that  have  been 
proved  before  you,  which  I  have  resumed  iu 
the  order  of  time  as  they  banpened,  with  intent 
to  give  you  a  just  view  of  the  case  of  the  pan- 
nel, whom  you  are  now  trying;  and  I  am  per- 
suadtd,  that  the  reflections  which  naturally 
arise  fn^m  these  facts,  in  respect  of  the  ques- 
tion before  you,  must  have  occurred  to  your- 
selves, when  you  heard  the  evidence  given,  and 
when  I  have  again  resumed  it ;  and  therefore 
roy  observations  to  you  upon  the  whole  shall  be 
as  few  and  as  short  as  possible. 

1  have  admitted,  that  it  is  incumbent  upon 
roe  in  this  trial,  as  against  James  Stewart,  the 
pannel,  to  make  out,  that  Allan  Breck  Stewart 
was  guilty  of  the  actual  murder  in  question ; 
and  1  apprehend,  that  is  done  to  full  conviction, 
upon  these  considerations. 

And,  first  of  all,  gentlemen,  here  has  lieen  a 
very  extraordinary  and  shocking  murder,  com- 
mitted within  the  county  or  district  of  Appin, 
in  the  most  nortbem  part  of  this  county,  of  a 

f  See  p.  148. 


gentleman  who  had  an  estate  and  relations  in 
that  neighbourbood ;  a  man  of  a  fair  cbaractor, 
who  was  going  about  the  duty  of  his  office,  ui 
the  king's  and  the  public  service,  inteoding  no 
injustice  to  others,  and  apprehending  no  ham 
to  himself;  for  he  and  all  his  atteaunts  were 
unarmed ;  and  yet  he  is  bereaved  of  bis  life,  not 
by  an  open  enemy,  upon  a  declared  or  a  snddcs 
quarrel,  but  basely  assassinated  and  shot  be- 
hind his  back,  by  a  person  lying  io  wait  aai 
lurking  among  trees  for  that  purpose. 

This,  gentlemen,  is  a  very  strange  and  slMNSk* 
ing  event ;  and,  as  for  every  event  there  nnst 
be  a  cause,  somebody  most  have  done  it,  and 
upon  some  reason  or  temptation,  such  as  it  w»: 
and  this  is  not  like  a  murder  committed  ou  tbo 
streets,  or  on  the  highways  leading  to  a  popn- 
lous  city,  but  in  the  comer  of  a  county,  wbsrS 
the  deceased  was  himself  a  gentleman  of  note, 
and  where  every  body  of  any  note  is  known  to 
every  iMdy:  the  deceased,  therefore,  mml 
have  had  one  or  more  enemies  fit  or  capable^  sr 
likely  to  have  devised  or  perpetrated  aoch  aft 
action ;  and  who  these  are,  you  have  beett  noir 
for  many  hours  enquiring. 

And,  upon  the  result  of  that  inquiry,  what 
doubt  can  there  be  in  the  first  place,  that  Breck 
Stewart  was  the  actor  ?  His  character,  and  bis 
situatioo  as  a  deserter  from  the  king's  service^ 
and  now  actually  listed  in  the  French  aervioe^ 
and  in  this  country  only  as  a  sojourner,  for  a 
viAt  to  his  friends,  rendered  him  the  most  Ukely 
person  then  resident  in  that  country,  for  being 
guilty  of  such  a  thing;  nay,  so  much  the  only 
person  likely  that  the  pannel  himself,  wlwn  lie 
cast  about  for  some  other  man  on  whom  tbo 
suspicion  of  thisjgruilt  might  be  thrown,  mentis** 
ed  only  one  seijeant  More  Cameron,  who  is  of 
a  character  and  situation  very  similar  to  thatef 
Allan  Breck,  but  with  this  very  material  differ- 
ence indeed,  which  rendered  it  impossiblo  for 
that  solution  of  the  question  to  pass,  that  Ser- 
jeant More  had  not  been  seen  in  Appin  for  seve* 
ral  years  past ;  and  surely  the  absent  wandcnr 
could  not  do  it. 

But,  next,  and  more  closely,  the  only  known 
quarrel  that  any  body  had  with  the  ciecetsed, 
was  that  of  this  pannel  James  Stewart,  about 
his  own  removing  the  last  vear,  and  the  ro« 
moving  of  other  tenants  of  Ardsbiel  this  ycar| 
into  which  quarrel  his  former  pupil  or  ward» 
and  his  intimate  friend  Breck  Stewart,  bad 
most  vehemently  entered,  and  discovered  that 
on  several  occasions;  and  that  heconsiderad 
it  as  a  cause  for  deadly  or  mortal  hatred,  inso* 
much  thai  the  pannel  himself  hath  declared, 
««  That,  if  Allan  was  guilty  of  the  murder,  be 
believes  it  behoved  to  be  on  account  of  the  dio- 
tiirbance  given  to  the  tenants  on  the  estate  ef 
Ardsbiel ;  and  knows  no  other  cause." 

And  more  closely  still,  ^ou  have  heard  the 
evidence  of  what  passed  immediately  befbrs^ 
and  after  this  muroBr,  of  the  behaviour  and  ae^ 
tions  of  this  Breck  Stewart,  who  had  fbroMriy 
disphiyed  his  hatred  to  the  deceased,  ftr  tlHS 
veiy  cause,  frivolous  and  oiQUSt  as  it  wae«  Om 
the  10th  of  May.alFanmdoicb,  witkis  eaili 


fm  Murder. 

Gleotiro-«  hous«,   he  gets  iotelHgence  of 

;re^«  molioos,  a  ad  design «  to  proceed  in 

*ng   tbe  teomnts  oj   Ardsliid,   when   he 

return  from  Fori-WiUiaro.     On  Mon- 

Jth  be  cornet  to  the  ^nnel's  bouse, 

J«yi  aside  his  French  dress,  and  jiuis 

i  tmaatry  dre»  beloDging  to  the  [^Qtid; 

mtliimine  babU  oext  day,  sets  out  to  Bal- 

''  '    b^rd  by  the  ferry  ot er  which  the  de- 

WAS  to  return  ;  from  thence  be  goes  to 

ftistera  of  the  panovl^s  in  tbe  neigb- 

I  he  returofi  to  iiallachetish  on  Wed- 

remaitis   there   that    night,  and   till 

III  next  day^  when  be  lakes  a  tithing* 

hii  hand,  a  fit  pretext  for  going  out 

1  for  staying  iome  lime ;  but,  soon 

fiabiog'rod  was  laid  aside^  and  he 

of  bis  real  game  ;  he  calls  aside 

n,  and  eoquirei  if  G I  enure  had  yet 

the  ferry^  and  beinjf  asaured  be  was  not, 

iM  otr»  and  was  never  again  seen  about 

it  ferry,  or  tbe  bouse  of  Ballacbebfib  ;  but  a 

hours  after,  that  same  niii^hl,  and  when  the 

bad  been   committed,  be  i a  seen   by 

Mackionish,  ihe  in  a  id  servant  of 

iib,  at  tbe  eroal  bouse  in  ibe  moor  of 

liab !    and  if  Donald  i^ieivurt  «paaki 

there  siho  he  saw  liiin,  and  charged  bim 

Willi  the  niunler.     Here  was  iben  the  deserter* 

nan  a  foreign  soldier,  and  nne  declared  morlat 

aooiy  of   tbe  deceased,    enquiring    for   the 

^tttuvd  a   tittle  before  be  passed  the  ferry  ; 

iij,«aaik  afWr  tbe  murder,  fuuud  in  llie  bill, 

ttVlDtlio  apot  where  it  happened,  and  adjoin* 

iac  to  the  house  where  he  bad  lodged  the  nii^bt 

hum^i  but  to  which  be  never  returned  ;  but, 

toMeail  of  that,  wanders  in  the  fields;  beats  up 

Gfeaco  and   bis  mother  betwixt  three  and   four 

b  the  moniing ;  leli^  tbem  Glenure  was  mur- 

fa«d,and  be  was  going  abroad  ;  takes  leave  of 

Ibtm  St  the  floor;  retires  from  thence  to  a  deu 

tvidesarty  tlie   heugh   of  Corryoakeigh   in 

KHlbaaeoon^  where   be  was  to  wait  tor  bis 

Ssiftafid  bis  promised  viaticum  ;  and  where 

Mttitrit  not  even  venture  to  approach  the  bou- 

iMft'f  house,  ejccept  to  come  lo  ibe  door  or  the 

^Hi4(hv  in  the  night;  and  when   he  had  got 

JkMt  MoeBaaries  ne  waited  for,  withdraws,  as 

llfiaposed,  a<cross  the  kingdom,  over  a  tract 

tfnaors  and  mountains  uninhabited,  till  be 

Qtie  to  bis  uncle^s  bou&e,  and  is  by  him|  as 

^  •§  every  body  else  who  knew  him,  re- 

pBiiatid  believed  to  be  tbe  murderer.     And  I 

■dao  iloubt,  gentlemen,  but,  after  the  proof 

^ittlbese  things  which  you  have  beard,  you 

•iQi  ie  entirely  satisfied,  that  he  was   truly 

*^;  and,  upon  that  persuasion,  will  proceed 

iilba  main  question  that  is  directly  before  you, 

BitMiy,  tbe  eviijeiice  of  the  accesision  of  ibis 

ftaod  to  that  murder,  which  may  be  summed 

*f  ia  ilie  aKicles  following : 

*"      of  all,  That  it  was  the  quarrel  of  tliis 

against   Gleoure,  thai  bad  been  only 

tip  and  espoused  by  Breck  Stewart^  for 

I  Breck  committed  tbe  murder  itself,  as 

late  actor ;  the i|uarril^  a«  you  have 

Of  the  cAUae  of  oflVoct  so  btgbly  re- 


A,  D.  1752- 


[S0» 


sented,  was,  that  this  pannel  was  blmself  re<^ 
movad  from  his  possession  last  year  by  Ole* 
nure,  who  at  the  same  lime  » iihdrew  from  the 
pannel,  or  forbore  to  employ  him  in  the  office  of 
an  assistant  or  sub-factor,  which  had  giwetk 
him  interest  and  intineuce  with  tbe  lenanla  of 
Ardshiel ;  and  that  this  year  be  was  insisting  to 
remove  three  or  four  tenants,  whom  the  (laDnel 
had  lately  placed  there;  in  all  which  AWstn 
Breck  bad  no  personal  interest  or  concern  t 
a  strange  cause  of  offence,  1  admii,  to  bo 
90  highly  taken  up,  and  so  deeply  resented! 
but  every  provocation  works,  according  to 
tbe  temper  or  turn  of  miiftl  of  I  he  jiersofi 
who  receives  it;  and  what  those  of  the  pau- 
nel  were  in  this  respect^  you  have  heard 
from  the  evidence,  and  Imi  c  seen  in  bis  ctm^ 
duct  before  yon,  when  he  himself  objecled  lo 
Stewart  in  Lngnabaw,  as  an  incompetent  wjt- 
ncGs  against  bim;  for  that  the  iMiinesa 
bore  him  capital  enmity,  because  be,  tbe  pan- 
nel, bad  been  instrumental  in  causing  tbe 
witness  to  be  removed  from  the  pof^cssion  at 
Aiicbarn,  in  which  the  pannel  succeeded  him  ; 
nay,  tbe  pannel  can  ies  this  raadaess  so  f^r^  at 
to  have  threatened  Ew;in  Macintyre  and  bit 
relations,  or  posterity  (a  poar  herd  who  bail 
never  served  the  pannel  himself),  iur  no  other 
otl'ence,  than  that  lie  engaged  to  be  ht-rd  in 
CampbtiU  of  Ballieveolan,  tbe  tenant  who  sue* 
ceeded  the  pannel  in  the  farm  of  Gleoduror, 
from  which  be  was  removed  last  year. 

Tbe  second  Anicle  in  proof  is,  tbnt,  in  con- 
seqtieoce  of  the  deep  resentment  conceived  by 
the  pannel  for  this  supposed  injury  of  tbe  re- 
movings,  be  dibcnrered,  upon  several  ncca* 
sious  previous  to  this  murder,  an  intention  op 
desire  to  lake  away  the  life  of  Glenurc :  thia 
he  expressed  to  Appin^s  bouman  in  u  most  in- 
veterate manner,  that  be  would  be  willing  to 
crawl  upon  his  kne^  to  a  window  to  shoot 
Glenure:  but  tbei'eafteT  he  proceeds  farther 
than  expressions ;  bis  conversation  with  the 
Maccolls,  his  own  servants,  in  tbe  brew-bouse, 
about  Christmas  last,  could  be  intended  for 
notliing  but  to  instigate  tbem,  either  by  ibem- 
selves,  or  by  finding  out  proper  instruments 
amor^g  five  common  people  of  Appin,  to  cut  off 
Glenure:  and,  when  the  late  removings  came 
to  be  in  agitation  last  spring,  which  tbe  pannet 
set  himself  in  oppose  witb  all  bis  loigbt,  it 
appears  that  bis  malice  and  fury  again !$t  Gle- 
nure was  increased  ;  witnesa  bis  conversation 
Willi  bis  two  landlords  on  bis  way  to  Edin- 
burgh, and  wiib  Mr.  J>laclaren  of  Stirling,  his 
fellow-traveller  part  of  the  way ;  in  wbicb, 
among  other  things,  the  pannel  told  tbem,  that 
be  bad  actually  sent  Glenure  a  challenge  to 
fight  bim  with  pistols  ;  and  told  Mnelaren  (whO' 
says  he  found  tbe  i emoving  was  much  at  tbe 
pannel's  heart)  that,  if  be  should  gel  relief 
neithfr  at  Edinburgh  nor  at  tbe  British  parlie- 
raeut,  be  would  take  the  only  remedy  that  re- 
mained. Now,  to  a  man  that  laboured  under 
tbia  distemper  of  mind,  it  was  natural  or  inci- 
dent, that,  after  be  had  returned  from  Edin- 
burgh ju  the  eud  of  April,  with  such  degree  of 


SOT]  25  GEORGE  IL 

lUGcets  as  to  obtain  a  list  od  bis  Uil  of  suBpen- 
tion  ;  and  had  some  bopei  pven  him  at  Edia- 
bnr^h,  that  when  the  baroot  of  Exchequer 
should  meet  they  would  couotennaud  these 
remoftngs;  when  he  had  called  the  tenants 
together,  and  acquainted  them  with  these  ope- 
rations of  his  on  their  behalf,  and  sent  them 
with  a  notary  on  the  Ist  of  May,  to  intimate 
thesistto  Glenure;  and  when,  after  this,  he 
learned,  on  the  11th  of  May,  that  Glenure  had 
Ifone  to  Edinburgh  in  his  turn,  got  the  sist  re- 
mofed,  wss  oome  back  to  the  country,  and  to 
proceed  in  the  remo? imrs ;  that,  from  thia  fresh 
disappointment  and  affront,  that  must  lessen 
him  m  the  eyes  of  those  tenants  whereof  he 

.  bad  assumed  to  be  protector,  the  resentment 
and  hatred  which  he  formerly  bore  Glenure 
should  be  yet  higher  inflamed,  and  drife  him 
on  to  send  out  Breck,  his  emissary,  to  cut  off 
the  gentleman  whom  they  both  looked  on  as 
^eir  enern^,  in  hopes  of  safety  to  Breck,  the 
•dor,  by  his  getting  abroad,  where  he  was  to 
go  however ;  and  to  himself,  the  mandator  and 
accomplice,  by  his  remaining  in  appearance 
quiet  at  his  own  house. 

And  tiie  evidence,  that  in  fact  this  was  the 
case,  consists  of  these  further  cireumstanccs,  of 
which  you  have  heard  the  proof;  that  the  ac- 
tual murderer  of  Glenure,  in  the  quarrel  of  this 
God,  and  in  resentment  of  which  this  paunel 
discovered  designs  or  intentions  against  bis 
life,  when  the  quarrel  itself  was  wrought  up  to 
the  highest  pitch,  sets  out  from  the  pannel's 
bouse,  leaving  his  own  clothes  and  baggage 
there,  dressed  in  a  suit  of  the  pannel's  clothes 
filter  for  the  purpose,  as  being  less  remarkable 
or  distingtiisbed  than  his  own ;  goes  directly 
and  puts  himself  in  the  way  of  Glenure;  passes 
bis  time,  whilst  he  waited  for  him,  visiting  the 
sisters  of  this  pannel  in  that  neighbourhood  ; 
and  with  Stewart  Ballachelish,  who  was  also  in 
the  general  interest  of  the  pannel  in  respect  of 
the  removings ;  retires,  when  the  bloody  deed 
was  done,  to  a  deep  retreat  that  was  not  tar  off; 
where  he  remains  till  this  pannel  caused  to  be 
sent  him  his  baggage  and  a  viaticum  of  money, 
such  as  he  could  afford  or  scrape  together,  to 
enable  the  assassin  to  get  off. 

And  that  this  aid  and  succour  was  sent  in 
consequence  of  a  concert  betwixt  them,  pre- 
vious tojhe  murder  itself,  appears  from  these 
circumstances ;  that  on  the  morning  of  Thurs- 
day, on  the  evening  whereof  the  murder  was 
committed,  the  pannel  sent  an  express  to  Wil- 

'  liam  Stewart  at  Marvburgli,  earnestly  pressing 
him  to  send  him  eight  pounds,  as  the  price  of 
cows  not  yet  delivered ;  and  it  hath  not  been 
explained,  and  far  less  proved,  on  the  part  of 
the  pannel,  who  is  a  man  of  some  credit  and 
substance,  though  he  had  then  but  little  cash 
in  hand,  what  oilier  pressing  exi>;eiicy  he  then 
bad  for  an  immediate  supply  of  money,  when 
be  was  living  upon  his  own  farm  at  Aucharn  ; 
be  has  not  sheweil  you,  that  he  had  accepted 
m  bill  payable  on  Friday  the  15ih  of  May,  or 
ihetermofWhiUunday  thisyear,  or  that  be 
WM  under  distress  of  any  kind,  that  iMairad 
" "    iiapply/  ^ 


Trial  of  Jama  Stenartf 


[aoB 


Again,  as  the  messenger  of  Thnnday  broog  ht 
back  no  cash,  there  is  another  seut  oo  Friday, 
being  the  packman,  the  cousin-fferman  of 
Breck  Stewart  himself,  who  carried  two  con- 
missions  from  the  pannel :  First,  That  by  a| 
meaps  he  should  send  him  five  gnineM,aBA 
this,  though  William  Stewart  should  borrow  it 
from  twenty  purses ;  and,  3dly,  To  tell  Wil- 
liara  Stewart  to  give  credit  in  five  pounds  ster- 
ling to  John  Maccoll,  bouman  to  Apoia  at 
K<Mdisnacoan,  in  case  he  came  to  demaira  tiicli 
a  sum ;  the  pannel  at  the  same  time  telling  the 
packman,  when  he  gave  him  this  mfagt, 
that  Allan  Breok  was  about  to  leave  the  cow 
try ;  that  he  might  be  suspected  of  GleniBM^ 
murder;  and  that  it  was  incumbeot  apon  ImMi 
the  panne],  to  supply  Allan  Breck  in  tnoii^. 

Now,  gentlemen,  to  this  message  Iron  the 
pannel  to  his  friend  William  Stewart,  by  tht 
cousin  of  Breck  Stewart,  you  are  to  join  ano* 
ther  corresponding  circumstance  dcpoacd  by 
the  bouman,  to  which  I  must  call  for  yonr  par« 
ticular  attention;  for,  in  relating  wbai.pnind 
betwixt  him  and  Allan  Breck  on  the  aftcnmn 
of  Saturday  the  16th,  he  swears,  '*  That  Athn 
Breok  then  told  him,  he  must  remain  tbcBa,l9l 
some  necessaries  he  expected  came  to  him} 
and  that,  unless  some  money  csme  for  hlni  h^ 
fore  next  morning,  he,  the  Muman,  nDuatga  to 
Fort- William  with  a  letter,  which  Allan  Bmk 
then  wrote  to  William  Stewart,  merchant  la 
Maryburgh."  Ooes  not  this  as  plainly  wfmk 
out,  *  rebus  ipsis  et  factis,'  the  concert  hetwht 
the  pannel  and  Allan  Breck,  before  they  [itoiy 
as  if  you  had  beard  it  from  witnc 
at  their  conference  ?  Breck 
upon  an  exploit,  which,  if  performed,  it' 
require  a  little  money,  of  which  he,  it  i  _ 
was  then  destitute,  or  very  scarce,  to  cniry  I 
off  the  country;  the  pannel  himself  was  ml 
then  in  cash  ;  but  the  assurances  he  saftto 
Breck  must  have  been,  that,  without  Tom  tf 
time,  he,  the  pannel,  would  send  the  money 
directly  to  Breck  at  Koalisitacoan,  or  elhv- 
wise  send  him  credit  upon  his,  the  pannolV 
friend  and  correspondent,  William  Slawai^ 
merchant  in  Mary  burgh.  Their  rcapeoiiia 
actions  correspond  exactly  with  this  conesrif 
and  arc  unaccountable  without  supMslif 
it.  On  Friday  the  pannel  sends  to  Williaai- 
Stewart  for  five  guineas  in  cash,  and  an 
to  give  credit  to  Appin's  bouman  for  five  [ 
more,  in  case  he  should  call  for  it.  On 
day  Allan  Breck  being  with  this  bouman,  ata 
I  place  distant  from  the  panoel,  tells  the  bomnaat' 
j  that  unlebs  money  came  for  him  before  ncfll 
I  morning,  he,  the  bouman,  muat  go  to  Fort^ 
'  William  with  a  letter,  which  Breck  then 


to  the  said  William  Stewart,  merchant  at  Mart- 
burgh  ;  and  such  a  letter,  that  Breck  teUitnn 
bouman,  if  he  was  catched  with  it,  he  mnstaai 
it  bpfore  it  was  found  upon  him. 

These  circumstances  are  so  pinching  i^ 
the  paunel,  upon  the  capital  point  now  inl 
that  he  has  made  an  Atlemnt  le 
awer  or  solution  of  thin  difianlty 
bringing  Katharine  Maoinvriutt 
Ballatntlithi  to  danaaiu  ti^ 


'•Allan  fireck  aI  Uie  g^at^iouse  upan  Thursday 
mgkt^  **  Ih^^'^  ^" '"  '!t»siri?d  tierlotd)  DoonJd 
Stt^rnrt  in  I!  hi  ^u  to  ibe  pannd,  and 

«|flairr  him  in  i.  . nd  Alluii  mniiey  ;"  and 

ihal  «bt*  tldifer^d    tlii«  message   to  Dooald 
Stewart  Uiat  naiiiMitifhl. 

ilfmioi   thin  Duiiald  Stewiirl  hath  deposed, 

.noi  tibfti   ICikiiiaiHue   Aliu'tnntiib   delivered  him 

iflf  ittrh  fii^sas:e  from  Aliim,  hut,  ^'  Thai  ihe 

ctM  iiim  fHit,  and  told  turn  that  Allau  Breck 

.WitlMl  himt  ami  was  a  Htite  above  the  house 

im  ibe  br»e  or  htll,  where  the  depaneot  went 

mi  met  Altau  Hrecic,  who  then  lulU  the  depo- 

MAL,  tie  wai   |{t>ing  iiumediuielv  to   leave  Ihe 

'4(imfiloni,  and   wa!}  ufrnnt?  then  far  Koalisiia* 

«a4ii ;   iiod  desired  the  de|ftoneiU  tu  acq^uaint  the 

fk»M»*<l  (hrtt  he  wau  gone  to  ihat  place,  aiul  tie- 

n,  ir  pOBsihle,  to  send  hnn  inuney  thi?r*» ; 

;   -  deponent  th^u  promised  to  acquaint 

iarttes  Sicwari  of*  the  ahote  nie^sa^.'*     And 

ihtt  Donutii  Stewart  further  deposes,  "  That^ 

ifirr  his  coover»atlofi  with  the  panoel  about 

•efjttiBt  More,  he  detivered  the  above  nieasoge 

from  Allan  Ureck  to  tha  pannel ;   and  Ihat  the 

piatie)  Jilt  not  8;iy  whether  he  was  to  send  the 

iDoaey  or  not :  thai  thincouveriiaiioij  happened 

•baul  ten   o*clpck  in   the  foreauon  of  Friday 

tht  IMli  of  May   last;    and  that  there  waa 

oobody  |iie«ent/' 

Aud,  as  1  think  Ihe  only  pUusibte  tbiugr 
ftwH  lor  defence  of  the  pannel  coosivts  of 
tIesetM'O  festiuKiriies  I  htivtt  juttt  repealed,  1 
fiitt«t  kt^  yoiir  attention,  gt^ntteuien,  to  tlie  re- 
■aib  I  hiiTc  10  offer  uiH>n  ihein,  that  you  may 
blhe  betti^i'  ahle  to  dtscero  ivhat  degree  of 
^^kl  or  elferi  ibey  deaerve,  or  whether  tbey 
^Mrrve  aoy  ut  all. 

Aad,  tirVi  of  al1»  ibia  Donahl  Stewart  in 
oepibew  Mod  aon-in-law  to  Ballacbehsb,  and 
liiai  in  family  with  him ;  and  it  appears  the 
whole  fimdy  nre  io  the  t^t^ncral  interest  of  the 
Btoafl  i  i'vT  John  ^iewart  the  younffer  **f  fiaU 
wMibi  the  bnuher-iolnw  of  this  Oonald« 
lHb^tfi<Me4l,  **  Thai,  in  the  timeof  the  spring- 
in  tills  place  in  Mny  laat,  he  was  sum- 
to  be  of  the  jury  ;  but  that,  at  the 
it  reipieMt  of  the  piiooel,  thnt  he  should 
W|in^(ent  %\n\i  ;i  n<ULir\  nl  liu-  rriiiovint^  of  the 
iRttQta  froui  the  cstaie  ot  ArrlstiiH.  he  vinB 
'jp||g;oit  tbai  ei'fand  to  the  pHiiueCs  houne,  bui 
lilUinH  lo  Appu),  upon  heuriuiZ'  of  the  murder 
iMUttitted  that  day  ;'^  and  han  further  deponed, 
^TW  he  wu«  ui  Edinliur^li  io  Au|^iiiit  lawt, 
Wi  ma^  prevent  ai  eoOMulltitions  of  the  paoners 
k»yfn*  and  Ht^eotfi  louchiuyf  hi«  deteoee:'' 
lf«ti  are  therefore  to  weijifh  Iheeredtt  due  to  a 
lioflr  witue>u»  of  that  fumdy,  swearmg  lo  a 
I  bf  iwtxt  the  punocfil  and  him  > 
'ody  pre^f  nl,  that  tliey  have 
H  ii>  lit.'  provi'd  for  ilie  panneK 
«'  nirfufly  ^iUm  rveil  to  yon,  ill  re- 
V  i.l^^Mce  on  ihene  two  wrtoe«<se«, 
II  ibe  servant  maid  of  HaIU- 

»■...:  i«  a  manifeat  discrepancy 

ibeni,  ttiousrh  it  ir  not  a  U»ng  time 

tact  they  depose  to  happened,  and  it 

kilh  rrer  amce  beeu  ibe  subject  of  alteutioo 


A.  D-  175i. 


[210 


fir 


and  conversation  in  the  country  where  thev 
hre  i  for  the  maid  Mays,  ^*  8he  received  the  full 
meauao^e  from  Allan  Brpck,  and  delivered  it  to 
Doojfcld  Siewarl  »  and  that  i»he  did  not  desire 
Donuhl  to  1(0  u|}  to  Allan  in  the  hill,  nor  dut 
Allan  Bnck  desire  her  to  send  Donald  io  hint 
thert:*-  Ami  yet  Donald  swears,  *'  That  tlw 
ma(d  informed  him,  that  Allan  Breck  wanted 
bim,  snd  tohl  iiiai  v^here  Breck  was  ;  and  that 
Breck  himself  tfuve  him  the  meBsa^e  to  he  de- 
hvered  to  Ihe  pauriet ;  which  he  didiverod  ac- 
cordingly about  fen  o'clock  next  day  to  the 
pannel,  whom  he  met  alone  in  the  lields/^  8o 
that  ihe  whole  of  this  tale,  attetiipied  to  be 
proved  by  these  two  witnep^ses,  nppejus  ex- 
tremely suspicious,  and  thuir  accounts  haoit^ 
not  well  together. 

r.illy,  Donald  Ntewart'ti  tale^  if  it  he  true,  and 
if  it  be  also  true,  tliul  tlie  parkmau  wiis  not 
sent  away  by  the  oontiol  to  Kort-Wdharn,  till 
iihout  twelve  oVIock  on  Friday » tnf}(ht  «orve  lo 
account  for,  or  to  have  gfiven  rise  to  the  pnok- 
nmu'i  meaaage  on  that  day :  hut  how  will  it 
serve  lo  account  for  the  lormer  e:bpres«  sent 
U|ion  the  tuoruini^  ol  Thursday  by  the  panneli 
to  the  same  VViUiam  Stewart  at  l^iarybarjrh,  to 
■end  him  down  immeditttdy  eight  pouuda  itor* 
liiigf  hy  the  hearerf 

4thly,  If  it  be  true,  wbirh  both  Willianfi 
Stewart  and  his  wife  depose,  that  the  packintin 
came  to  them  at  Tort- William,  upon  Friday 
betwixt  ten  and  twelve,  txs  the  husband  snys,  vr 
about  mid-day,  as  the  vf  itesays^  llien  the  pack- 
man must  have  be^n  misiukcn  (u  ihr  h'>ur  that 
he  was  dispatched  by  Ihe  pannel  from  hia 
house,  when  he  sjtys,  it  was  about  twelie 
o*clock  that  day  ;  and  if  Stewart  and  his  wiftt 
are  rathfr  to  he  betievetl,  tlial  he  ^^ot  to  Port- 
William  by  noon,  he  must  have  bcf  n  dispatched 
by  the  pannel  long-  before  ten  o*elock,  when, 
Donald  Stewart  says»  be  dehveretl  Breek'C 
tuessage  to  the  panurh 

And,  lastly,  Ibut  which  affords  a  solid  and 
satisfy iu|f  reply  to  the  defence  founded  on 
the-se  two  testimonies^  of  the  «oin-in  law  and 
servant-maid  of  Uallacheli*)h,  t^  thsi  coosidera- 
tictn,  th:U  suppoeinhf  it  true,  tor  Ariftiutenl's 
8ake,  which  they  have  sworn  as  lo  iho  sub* 
stance,  that  Breck  sent  notice  1»\  D^M»:i!d  to 
ihe  pnnnel,  Ihat  he  was  Qfoinif  to  I  »i«n^ 

arid  ivdoieil  luimpy,  how  will  th  <  ii«r 

what  w,ii  obseivfcfil  a  little  while  ago,  *^of  iU« 
pannei'S  wriiinj:  a  letter  uprm  %uiti>rdav  -itier* 
nrvon,  lo  he  sent  by  the  botnnno  to  iViltiam 
Stewart  at  iVIiirybur^h  ?**  For  though  here  he 
a  lale,  I  am  sfaid  lately  invented  by  the  pan- 
nel, of  a  mrsiiugp  from  Brrck  to  hifu  after  the 
murder,  to  teli  the  place  of  hi<«  retreat,  aod  that 
he  wHiited  mouey,  he  bath  forgot  to  provide 
wttueHsea  tor  proving  another  thing,  anii  tkat 
is  a  mes^iuge  in  return  from  (lie  piioht-l  lo 
Breck,  to  give  Breck  notice  tiow  the  nion^y 
wfiLS  to  be  f'lond  i»r  turni'ihett,  imniely,  by  the 
panners  Ifiving  crcdti  to  him,  or  the  bouman, 
upon  William  Stewart  at  Maryburgb  ;  tor, 
without  such  ootice,  how  could  Breck,  from 
the  bottom  of  bis  beugli  ia  KoabsnaooAu,  ao 


Sll]  25  GEORGE  II. 

exactly  co-operate  with  what  the  pannel  was 
doinji^  from  his  own  hotitie  at  Aurharn,  as  to 
write  a  letter  on  Satiiniav  to  the  same  William 
Stewart,  merchant  in  Marybtirfi^h,  to  he  sent 
by  Appin's  h'luman,  to««hich  William  Stewart, 
on  Friday,  the  |>annel  tends  Breck's  cousin,  to 
bid  him  ^r\ve  credit  to  Appin's  bouroan  for  fi?e 
pounds,  ii'he  should  call  lor  it? 

This  circumslaiK^,  therefore,  which  is  quite 
unanswered,  as  well  as  the  express  on  Thurs- 
day morning  for  money,  before  the  murder 
happened,  makes  the  evidence  before-men- 
tioned remain  in  full  force,  the  tales  of  the 
messaife  to  the  panneL  mentioned  by  these  two 
witnesses,  notwilh!>tandini;. 

There  hath  been  hardly  any  thing  else 
proved  for  the  pannei'«4  tiofence,  that  merits 
a  reply :  it  is  of  no  moment,  that  this  was  not 
the  lirst  time  that  Breck  Stewart  made  use  of 
the  panuel's  habit  or  clothes  above-mentioned  ; 
he  had  usetf  them  once  before  in  the  month  of 
April,  when  he  went  to  Uannoch,  whilst  the 
pannel  wan  at  Ediubnrs^h  ;  bnt  it  was  not  the 
le-is  true,  that  this  habit  %vas  far  more  commo- 
dious for  the  murderous  purjtose  he  went  about, 
when  he  lefi  the  pannel*s  house  on  Tuesday 
morning  the  ISih  of  May,  than  his  own  French 
clothes  would  hare  been. 

Again,  it  is  true,  that  on  the  morning  of 
Thursday,  he  writes  a  letter  for  a  notary,  to 
take  protests  against  the  removings,  at  the 
same  time  that  be  writes  tor  the  8/. ;  and  his 
counsel  have  said,  that  this  was  pursuing  quite 
another  scheme :  but  this  is  by  no  means  con- 
clusive, to  prove  his  innocence;  he  was  galled 
'tnd  incensed  by  these  removings,  and  liis  pro- 
test by  a  notary,  after  his  bill  of  suspension  was 
refused,  would  be  of  verv  little  avail ;  and  yet 
he  writes  fur  one  to  attend,  to  be  provided  for  all 
events,  as  it  was  a  possible  case,  that  the  in- 
tended murder  of  Glcnure  might  have  been 
prevented,  by  his  going  another  road  than  the 
common  one,  or  other  accidents. 

And  as  little  can  it  avail  the  pannel,  that, 
after  he  was  in  custody,  he  wrote  a  letter  to 
Mr.  Macfarlane  at  Edinburgh,  describing  Allan 
Breck,  and  expressing  a  desire  that  he  might 
be  apprehended  ;  for  this  was  a  letter  shewn  to 
colonel  Crawfurd,  the  commanding  officer,  and 
now  appears  to  have  been  a  manifest  dissimu- 
lation, when,  by  the  shewing  of  the  pannePs 
own  defences,  he  sent  money  to  Allan  Breck  in 
order  to  help  him  to  escape,  on  account,  as  he 
says,  of  his  relation,  and  having  been  formerly 
his  ward  or  pupil. 

When,  therefore,  gentlemen,  you  shall  con- 
aider  and  duly  weigh  the  whole  facts  and  cir- 
cumstances proved  before  you,  and  which  I 
have  now  resimied ;  and  when  to  these  I  have 
last  mentioned  y  ou  >liall  add,  that,  besides  the 
clothes  and  the  money  furnished  to  Breck, 
there  is  a  strong  presimiptive  evidence,  that  the 
Tery  lesser  or  shorter  gun  profluced  before  you, 
and  prove«l  lo  have  been  the  panuil'8,and  which 
is  of  the  wider  bore  of  the  two,  was  the  ? ery 
iDatrumeiit  w  ith  which  the  murder  was  com- 
Miitted  ;  fur  dodc  of  the  lerruits  saw  il  upon 


Trial  of  James  Stewart^ 


[ei9 


Thursday  night,  when  they  hid  the  arms ;  and 
when  they  saw  it  on  Friday  night,  wheo  the 
arms  were  carried  up  to  the  hill,  it  was  empty  ; 
and  captaii:  Chapeau  and  others  have  deposed, 
it  appeared  to  them  to  have  been  lately  fired, 
when  he  found  it  ou  the  93d  of  Alay. 

That  the  jiannel,  on  the  first  notice  be  re- 
ceived of  the  murder  being  over,  discovered  an 
apprehension  that  he  himself  might  be  brought 
to  trouble  on  that  account. 

That  he  made  an  attempt,  tliongh  a  very  an- 
availing  one,  to  throw  the  suspicion  ot  the 
murder  upon  serjeant  More  Cameron,  who 
had  not  been  in  that  country  for  many  years. 

That  the  pannel,  being  in  custody,  sent  a 
message  by  his  barber  to  his  servants  to  keep 
their  mind8  to  themselves,  and  he  would  taks 
care  of  them. 

That  his  wife  and  one  of  his  children  have 
too  strongly  discovered  their  sense  of  the  iin<- 
portanceof  the  article  of  the  clothes  furni8he4 
by  the  pannel  to  Breck,  by  8we^^ing,  that  Breck 
left  their  house  in  his  own  French  clothes, 
though  the  wife,  at  least,  most  certainly  knew 
the  contrary.* 

I  say,  gentlemen,  when  you  put  all  tbest 
things  together,  you  will  form  your  opinion, 
and  pronounce  acc<irdiiTgly,  whether  this  pan- 
nel is,  or  is  not,  guilty  of  accession  to  this 
horrid  murder  P  In  all  circumstantial  evidence, 
there  is  a  possibility  of  innocence,  even  without 
supposing  any  of  the  witnesses  perjured :  for 
example,  in  the  case  of  Stewart  Abercrombie, 
which  you  heani  mentioned  in  the  debate  on 
the  relevancy  in  this  trial ;  it  was  urged  for  him, 
and  very  truly,  that  some  other  man  without  a 
hat,  as  well  as  he,  might  have  been  the  mur^ 
derer  of  the  deceased ;  for  there  was  no  witness 
who  could  swear  he  saw  him  do  it:  and  in  the 
other  case  of  Maccowan  you  heard  mentiontd, 
who  was  convicted  princif>ally  upon  a  shirt  and 
stockings  being  found  in  his  |»ossession,  which 
the  poor  woman  had  carried  with  her  from 
home;  it  was  possible  that  Maccowan  might 
have  got  these  garments  immediately,  or  by 
progress,  from  some  other  fierson  who  had 
robbed  or  murdered  the  poor  woman.  But,  in 
both  these  cases,  the  pannels  were  convicted, 
and  suffered  accordingly. 

And,  in  the  present  case,  if,  notwithstanduig 
what  you  have  heard,  you  can  believe,  that 
Allan  Breck  Stewart  committed  this  murdsr 
purely  of  his  own  accord,  anil  without  any 
privity  or  previous  concert  with  this  |iannel; 

*  Lord  Coke,  af^er  reporting  the  famons 
Case,  repeated  after  him  by  loni  Hale,  of  erro- 
<  neous  conviction  upon  circumstantial  evidenoe, 
and  execution  of  an  uncle  for  the  murder  of  hit 
niece,  says,  **  We  have  refmrted  this  Case  for 
a  double  caveat,  1st,  to  judges ;  that  they  in  case 
of  lite  judge  not  too  hastily  upon  presumptions: 
and  2d,  to  the  true  and  innocent  man,  tnat  be 
never  seek  to  excuse  himself  by  false  or  uodon 
means,  lest  thereby  be,  offending  God  the  an* 
thor  of  truth,  overthrow  binieirM  tho  anck 
did." 


213] 


for  Murder* 


A.  D.  1752. 


[S14 


ud  tbe  mid  ic>ven  by  the  pannel  to  carry  bim 
off,  was  out  of  mere  oompa^OQ,  and  a  resolu- 
lioB  firvt  taken  after  the  pannel  had  heard  of 
the  murder  itself,*  then  surely  it  will  be  your 
doty  to  acquit  the  pannel ;  for,  better  that  this 
ier,  atrociooa  and  scandalous  as  it  is,  should 
am  onavenn^ed  by  human  justice,  than  that 
one  ianoeent  man  should  suffer. 

Bat,  on  the  other  hand,  if,  upon  the  whole 
cfidenee,  you  cannot  believe  the  psnnel  inno- 
cm^  but  are  coonnced  in  your  own  minds, 
tfciC  be  baa  bean  knowingly  accessary  to  this 
OMrder;  then,  doubtless,  your  duty  to  God 
and  your  country  requires  of  you  to  pronounce 
kia  guilty. 

Mr.  Brova,  for  the  Pannel. 

Gentlemen  of  the  jury ;   I  appear  for  the 

pannel ;  and,  as  this  trial  has  already  taken  up 

m  ficni  deal  of  time,  I  shall  not  follow  the  ho- 

rakla  and  learned  gentleman  on  the  other 

,«•  toaae  things  which  I  conceive  to  be 

to  tbe  matter  in  issue ;   but  shall 

losnm  up  what  I  have  to  say,  hi  as  few 

vordi  as  the  importance  of  the  case,  a^od  variety 

of  ■itmra  to  be  considered,  will  admit  of. 

As  J  am  at  all  times  under  no  small  degree 
tf  copcein,  aa  often  as  I  appear  in  any  case  of 
ihia  nature ;  ao  I  must  acknowledge  f  am  at 
frcsrat  under  greater  concern  than  ever  I  was 
■  any  former  case,  when  I  consider  tbe  many 
isftlvantagea  which  this  unfortunate  pannel 
takours  under. 

In  tbe  first  place,  I  am  under  the  necessity 
tf  entering  the  lists  with  a  learned  gentleman 
•f  ficat  abilities,  and  of  much  more  experience 
iatkcN  matters  than  I  can  pretend  to. 

Bat,  gentlemen,  if  I  have  undertaken  what 
I  as  Bot  sufficient  for,  the  fault  lies  at  the  door 
tf  the  private  prosecutor,  who,  beCore  the  pro* 
HCilisB  was  commenced,  begun  early  with 
ffi*«ifa^ng  the  whole  counsel  at  the  bar, 
vkiM  most  experience  in  these  matters,  not 
■*ilhaB  intention  that  they  should  assist  in 
9iig  on  the  prosecution,  (for  many  of  the 
'  men  who  ^ere  engsged  have  not  ap- 
iat  the  trial)  but  with  an  intention  that 
ibty  ni^t  not  have  it  in  their  power  to  appear 
m  tkt  side  of  the  pannel. 

A  init  prosecution  .scarcely  stands  in  need  of 
■  aivorate  to  support  it.  What  then  shall  be 
■id  of  a  prosecution,  where  the  prosecutor 
dnysirs  of  prevailing  otherMrise  than  by  de- 
priviag  tbe  pannel  of  those  ^bo  were  most  able 
Mdrfrndbim.' 

Fur  my  own  part,  I  chose  rather  to  have  it 
■idof  ine,that  I  had  imprudently  undertaken 
wkat  f  was  not  sufficient  for,  than  »hat  1  had 
nciiaritably  refused  to  give  any  poor  assist- 
aaer  in  my  power  to  a  gentleman,  who  ima- 
fints  that  f  can  be  in  the  smallest  degree  useful 
m  bim. 

*  See  Mr.  Burnett's  observationa  as  to  this, 
in  chap.  14,  of  his  Treatise  on  the  Criminal 
Laflv  Of  Scotland,  p.  S85.  As  to  art  and  part, 
iM  foL  10,  p.  807,  of  tbia  CoUedion. 


I  might  also  take  notice  of  many  other 
hardships  which  the  panqel  has  suffered  from 
close  confinement,  during  more  than  four 
months,  contrary  to  the  great  charter  of  liberty 
in  this  part  of  the  kingdom, — from  the  unwar- 
rantable seizure  of  bis  papers  without  any  legal 
authority— and  from  the  shortness  of  the  time 
allowed  him  for  making  liis  defence :  but  these 
thintrs  have  been  so  fully  insisted  on  by  the 
gentlemen  who  have  spoke  on  the  same'  side, 
that  it  is  unnecessary  for  me  to  repeat  what  has 
been  already  said.  The  facts  have  not  been 
denied  by  the  prosecutor ;  and  as  every  man 
must  see,  at  first  sight,  what  a  prodigious  loss 
it  is  to  a  pannel,  to  nave  access,  for  so  long  a 
time  denied  to  every  person  who  was  capable 
of  assisting  him  in  making  his  defence,  so  f 
must  be  forgiven  to  say,  that  if  this  trial  waa 
at  all  proper  for  a  circuit-court,  (which  may  be 
doubted)  it  ought  to  have  been  brought  on  in 
the  ordinary  form,  by  way  of  presentment,  and 
not  summarily  in  the  form  or  criminal  letters. 
By  the  former  method,  the  pannel  would  have 
have  had  upwanls  of  three  months  to  prepare 
for  his  defence,  instead  of  fifteen  days,  which  is 
all  the  time  the  pannel  has  had,  since  the  cri- 
minal letters  were  executed  against  bim. 

But,  gentlemen,  there  is  yet  another  disad- 
vantage, which  this  pannel  labours  under, 
which  gives  me  more  uneasiness  than  all  those 
I  have  already  mentioned,  and  which,  1  must 
beg  leave  to  say,  I  dread  more  than  all  tbe  proof 
which  has  been  brouij:ht  against  him. 

What  1  mean  is  an  impressioo,  which  has  been 
industriously  rai^ied,  and  artfully  propagated, 
as  if  it  were  some- how  necessary  that  tbe  pan- 
nel should  be  found  guilty  ;  and  as  if  his  being 
acquitted  might  bring  a  reflection  on  this  part 
of  the  kingdom. 

Gentlemen,  I  do  not  expect,  nor  do  I  desire, 
that  you  should  return  a  verdict  contrary  to 
evidence :  but  it  is  my  duty  to  put  you  on  your 
guard,  not  to  allow  yourselves  to  ble  carried  off 
by  passion  or  prejudice  :  and  though  1  have  no 
doubt  of  the  integrity  or  honour  of  any  of  the 
gentlemen  to  whom  1  now  address  myself; 
yet,  upon  this  occasion,  it  is  my  duty  to  say, 
that  if  vou  find  the  pannel  guilty,  either  with- 
out evidence,  or  upon  doubtful  evidence,  you 
will  thereby  bring  the  blood  of  an  innocent 
person  upon  your  own  heads: — 1  say,  nn  in- 
nocent person ;  for  every  man  is  hehl  tn  be 
innocent,  till  such  time  as  he  is  convicted, 
not  by  doubtful,  but  by  legal  and  complete 
evidence. 

And  if  the  evidence  is  insufficient,  uhich  1 
am  hopelul  I  shall  be  able  to  shew,  1  am  under 
no  apprehension,  that  your  acquitting  the  pan- 
nel can  ever  brim;  any  reflection  cither  upon 
yourselves  or  upon  your  country.  It  is  the 
peculiar  happiness  of  this  part  of  the  island, 
that,  in  capital  cases,  the  law  makes  it  neces- 
sary, that  the  whole  of  the  evidence  should  be 
taken  down  in  writing  ;  and  as  that  has  been 
fairly  done  in  the  present  case,  the  auUientic 
record  will  satisfy  every  reasonable  and  think- 
ing person,  that  tbe  grounds  upon  which  you 


215] 


25  GEORGE  II. 


Trinl  ofJamet  Steusart, 


[2IG 


liar^  procreded  were  solid  ;  aud  if  you  bare  lb e 
apprdbiitmn  ot  iiurb,  yt^u  ought  to  disre^rd 
wbot  olbi'rs  mtty  sny  of  you. 

Having  said  so  iimcb  in  tlie  ^ncrBl,  I  tbalt 
now  proceed  lo  cauddf  r  the  crime  wbich  baf 
befo  vburc**d  aifainst  the  paiinel,  mnd  the  efi- 
t)i>r»ce  vrhii  h  bJin  been  bmutjht  in  support  M' 
Ihiil  chsr^e*  As  to  Ibc  crime  itself,  I  readily 
a^ree  w  ilb  i^very  one  of  the  gentlemen  who 
hare  spoke  before  nie,  tbat  it  is  of  so  atroeiouai 
a  nalure,  lUat  wurds  can  hardly  he  found 
atroD^*  ertoufifb  Ut  express,  in  proper  colours, 
its  enormiiy  ;  and  f  shatl  nho  admil,  that  it 
is  hii^bly  nggriivnlcd  from  the  particutar  cir* 
<^umHtances  wbicb  have  been  very  properly 
mentioned  by  the  b«iu<inrahle  cfenlleman  on 
%he  other  side.  But  then  the  prosecutor  would 
do  well  to  ohi»c7rve,  that  the  more  atrocioim  tbc 
crime  is,  the  more  natural  il  19  to  presume,  that 
the  punnel  wo;!  not  ifiiilty  of  iL  And  it  is  my 
duty  to  put  you  oti  your  guard,  that  a  just  in- 
di^uHtion  at  the  lieinousues^s  tif  the  crime  may 
not  lead  you  lo  cortdeum  nilbout  proper  evi- 
dence X  ioi\  bo  welder  foul  the  crime  may  be, 
it  IB  much  better  that  it  should  escape  unpu- 
iitMbed,  ib:fn  that  an  innocent  person  should 
suffer  for  it. 

The  crime  charg^cd  ngainst  the  pannel  Is^ 
that  he  entered  into  a  consspiracy  with  Allan 
Breck  Stewart  to  murder  CoHn  Campbell  of 
Glenure  by  the  hands  of  the  said  Allan,  and 
tbat  the  murder  xvas  accordingly  40  committed. 
Ami  therefore,  before  the  prosecutor  can  pre- 
vail, il  heboves  bim  to  prove,  not  only  that  the 
murder  »as  committed  by  the  bauds  of  Allan 
Breck,  but  aUo,  tbat  tbe  (Ninnel  and  be  were 
preriousty  in  a  coDspirocy  to  commit  tbe  mur- 
der in  tbat  manner 

The  prosecutor  pretends  not  to  have  brought 
any  dii-ect  evidence  of  either  of  these  facts  ; 
but  Ibeg-uilt  ttf  hejth  pannelsi  i«  inferred  from  a 
▼ariely  of  circumstnnces,  which  it  now  helonj^ 
to  nsto  consider,  so  far  as  is  necessary  for  ttie 
defence  ef  this  pannel. 

Aud  here  I  shall  not  dispute  ibe  g-eneral 
projumition  hid  down  by  my  li>rd  advocate, 
•*  That  crimes  may  be  proved  hy  circnni- 
»tance<i.^*  1  achuit  that  any  crime  may  be  so 
provetl  ;  but  then  1  humbly  cootetid,  that  the 
circumstances  oncht  m  be  such,  as  necessarily 
inft^rthetrudt  ttf  die  pannel. 

fn  onler  that  this  matter  tnay  appear  in  its 
prii|H'r  h|;-ht,  I  must  brg  leave  lo  lay  down  ime 
.  general  rule,  which  admits  of  00  exception,  and 
ought  lo  be  stiicllj  fnllnwcd  in  jud^mi^  of  till 
cireumslantiale evidence  ;  which  is,  that  where 
any  fact  proved  spainst  the  pannel,  is  rn  its 
own  nature  such,  tbnt  it  will  ualiiraJly  aiU 
init  either  of  a  jfood  or  a  bad  cuo^truciioii,  that 
GonKtruclion  out^ht  always  to  be  received  which 
IS  f«tnurah!e  for  ibe  panneL 

Tins  is  founded  upon  tbe  first  princtpic  of  na* 
tttral  justice,  which  directs  us,  "  To  do  to 
others  as  we  wnnhi  have  them  to  do  lo  us:^' 
ftod  as  every  one  of  you  would  think  yourself 
hftfdly  used,  if  a  bad  construction  were  put 
upou  any  action  of  yours,  which  would  mta- 


rally  bear  a  gtM>done,  the  psnnel  asks  no  morw, 
than  tbat  you  should  judge  of  his  action*  by  Ibe 
same  rule. 

And  here,  gentlemen,  I  do  not  m^aii,  iImI| 
in  a  circumstanliale  evidence,  il  is  nec^svary, 
tbat  every  circumsianee  taken  separttHy 
should  be  conclusive  r  if  that  were  nereasary, 
few  crimes  could  ever  be  proved.  But  wbst  J 
intend  is,  tbat,  in  till  crimen  ivhatever^  it  is  nt* 
cessary  that  the  pmof  sboutd  be  certain  iiii 
conclusive;  and  as  the  law  justly  rejects  alt 
arg-umenls  drawn  from  conjeutures  «nd  forced 
consM^uences,  il  is  not  kii Hi cienl  I o  convict  t 
pannel,  thai  be  might  bste  been  guiliy  of  ttM 
crime  chunked  ;  but  ihtf  proot  oujjbi  to  besadi 
as  to  leave  no  room  lo  doubt  that  he  was  m : 
and  though  it  is  not  necessary,  in  a  i  irciiiD- 
stanltate  evidence,  that  every  circumiit»0€«, 
considered  apart,  should  be  conclusive;  yttl 
conceive  I  may  lay  itdown  as  aecrtain  priM» 
pie,  that  where  tbe  whole  of  the  drcumstaoiOlf 
are  such,  tbst  they  nnt^Ui  nulurally  havt  hti^ 
pened  without  inferring  the  *^\uii  of  tb«  fmaakt 
such  circumsiancefl,  however  numerous,  oogte 
to  have  do  authority  against  bim. 

To  apply  tbix  rule  to  tbe  present  rate,  I  MM 
hopeful  I  shall  be  able  to  satisfy  you<,  gentle- 
men of  the  jury,  tbat  the  facts  charged  agaioil 
the  panuel  are  either  not  proved^  or  they  ir% 
such,  tbat  all  of  them  might  have  usturallj 
happened  ;  and  at  tbe  same  time  the  paniiet  be 
eotirely  innocent  of  tbe  crime  ai  which  heia 
accused. 

But  before  I  proceed  to  consider  pvrttculirljr 
tbe  several  articles  of  the  proof  brought  agtrail 
Ibe  nanntl,  it  will  be  Decef»$iary  to  put  yaa  \m 
ininrl  of  somethings  v^hich  hapjiened  preriooS 
to  tbe  murder,  a«  these  ma\  tend  lo  exptain 
many  things  which  occur  in  the  proof,  iifd 
wtiich  shall  be  afterwards  pariicukrly  taken 
notice  of. 

You  have  already  beard,  from  ibe  gentle* 
man  who  spoke  fir^t  on  ihe  ssme  siiU-  with  me* 
that,  m  the  m<»nlli  of  frVUrunry  1749»  ihed^* 
eeut^etl  (J<diii  C^ditiplicll  yf  (jleuure  Wd»  appoint^ 
ed  tactor  by  the  barons  of  exeheq  cr,  iipcm  ths 
forfeited  estates  of  Lochiel,  CsHart,  and  Ard' 
shiel ;  and,  as  the  pannel,  who  was  then  teua 
(if  part  of  the  esiate  of  Ard»biLd,  bail  alwa]^ 
lived  in  great  friend^^hip  with  Glenure,  iind  hul 
as  fair  a  character  as  any  genilemau  in  ibm 
part  of  the  country,  I  lie  management  uf  the 
whole  estate  of  ArJt«litel  was  cNiinmittetl  lu  Mm 
by  Glenure,  and .  bis  bill  was  laken  for  ihift 
yearly  rent  at  which  the  estate  bad  been  ratetl 
after  survey  by  tbe  barons  of  exeheqaer» 
leaving  it  to  tbe  pannel  to  apply  tbe  surplus  t# 
the  use  of  Ardshiel*s  cbddren.  This  is  proved 
by  Nevernl  letters  and  receipts  produced,  and  ill 
particular  from  G tenure's  leiier  to  tbe  panndf 
dated  the  mb  December  1749,  iu  which  he 
wHles  as  followt^:  '*  This  moment  I  bad  yourli 
by  your  servaui,  wiib  tOL  18*,  5d.  sterling^., 
and  the  warraut  L  formerly  gave  yrni,  tl^ 
ceive  inclosed  your  note.  Your  payoients  ire 
very  good,  for'  which  I  em  obliged  to  yoo.  I 
intend,  God  friiling,  to  be  at  fidinbargb  oa,  m 


lanM 
ay*V 


11 

I 


BI7J 


Jnr  Murder. 


i4iy  or  two  belure,  the  25th  current ;  thai  is, 
I  iuteiid  to  set  om  from  this  place  this  ilay,  or 
li*aioiTow  eiiflit  days ;  and  will  go  by  tilas- 
mr,  and  make  no  Hto|i  by  the  way.  Remember 
Mv  Ardsbiel'a  dischariees,  and  all  yonr  other 
laaliBg.  I  heartily  wish  you  a  i^rood  journey .'* 
"iMMtbe  month  of  April  1751,  Glenureap- 
1  to  the  panoel  to  gi? e  up  the  farm  of  Glen- 
r,  vbieli  he  then  possessed,  to  Mr.  Carop- 
sf  Ballieveolso,  Olenure's  particular 
who,  it  appears,  had  offered  an  addi- 
reiit ;  and  though  the  pannel  had  not 
kmm  lefally  warned,  and  so  was  not  oMiged 
Is  icnwve  tor  that  year,  yet  he  reailily  agraed 
viA  Gteaure*s  propojial,  removed  from  the  pos- 
MROQ,  and  took  from  Mr.  Campbell  of  Airds 
ike  fcm  of  Anebaru,  where  his  family  now  re- 
■dca;  hot  h«  still  continued  to  uplift  the  rents 
m  fomerly  from  the  tenants  of  Ardshiel,  and 
tibewiK  to  possess  a  small  farm  called  Letter- 
more,  wb'ioi  he  had  subset  at  about  6/.  sterling 
pcramum. 

In  the  month  of  April  last,  Glenure  exe- 
cflled  a  warning,  and  obtaioetl  a  decreet  of  re- 
moving i^iost  DO  l«*ss  than  five  or  six  tenauts 
sf  the  estate  of  Ar4lsliiel,  and  also  against  as 
■any  tenants  of  the  neighbouring  estates  of 
Larhiel  and  Callart,  decern inir  them  to  remove 
frsm  their  respective  possessions  as  at  the  term 
sf  Wbitaooday  last ;  and,  among  the  rest,  the 
funera  two  aub- ten  ants  in  the  farm  of  Letter- 
Bore  were  also  decerned  to  remove 

This  was  comp:ained  of  as  a  very  irreat 
Wriahip  in  that  part  of  the  country,  more 
dferislly  as  the  tenants  in   possession   paid 
tknrmiU  regularly,  and  were  willing  to  take 
Ibcaaiks  to  the  government ;  and  although  the 
fiHcl*!  private  interest  in  the  matter  was  not 
pcai,  jfet,  as  be  foresaw  that  a  procedure  so 
me  might  be  attended   with  disagreeable 
Mftanices,  he  went  and  ot^n  expostulated 
viikQicvure  upon  the  subject;  but  ne  having 
ymM4in  his  resolution,  the  tenants  upon  all 
Ac  ibif  fsifttea  transmitted  memorials  of  their 
a*  Is  he  laid  before  the  barons  of  Exchequer ; 
■    Mi,  ai  the  pannel  waa  then  occasionally  at 
iMofgh,  about  some  private  affairs  of  his 
•*B,  be  presented  the  memorials  to  one  of  the 
kvms  who  disapproved  greatly  of  Glennre's 
ttainet,  but  could  do  nothing  towards  piitlinir 
•«sf  to  the  removinifS,  as  a  quorum  of  the 
^sas  could  not  be  held  till  the  next  Exchequer 
ta« ;  though  at  the  same  time,  he  nndertf»ok 
kicpie^nt  the  caae  lo  the  whole  barons,  add- 
^r,  that  he  made  no  doubt  but  they  would 
five  an  order  to  the  factor  to  continue  the  te- 
■Ms  in  possession  ;    which  in  part  apfienrs 
htm  a  letter  wmte  by  the  pannel  to  Charles 
Aewart,  writer,  dated  2rth  April  1758,  and  re- 
ferred to  in  the  inventory  subjoined  to  the  libel, 
h  the  foltowing  words:  **  Yesterniglit  I  ar 
lived  liere,  after  a  very  tronhlesome  jaunt ;  and 
•itfw  bnrona  coald  not  be  got  together,  put  it 
OM  of  my  power  to  procure  an  nnler  for  uur 
Iheior;  but  baron  Reunedy,  who  I  found  very 
Imdv  mid  aeemed  lo  sympathise  much  with 
Ihi  iMMli'  CMC,  five  It  M  bii  prirale  oploiim, 


A.  D.  1752.  [218 

that  they  should  sit  their  possessions  for  this 
year,  and  that  all  justice  would  be  done  them ; 
and  thouifht  they  should  take  a  protest  against 
the  factor's  proceeding  in  a  body,  1  mean  the 
Mamore  and  Appin  tenants.  The  same  advice 
1  had  from  all  I  advised  with,  who  were  not  a 
few,  and  all  were  of  the  same  mind,  that  the 
tenants  had  a  good  chance,  once  their  affair 
came  before  the  barons." 

Upon  this  the  pannel  advised  with  counsel, 
how  the  tenants  might  be  kept  in  possession 
till  the  Exchequer  term,  and  by  their  advice 
applied  to  the  court  of  session  for  a  suspension 
of  the  removing;  and,  a  bill  of  suspension  hav- 
ing been  accordingly  presented,  a  sist  waa  ob- 
tained, and  the  bill  vdained  to  be  answered; 
which  sist  was  intinnned  to  Glenure,  upon  the 
pannel's  return  to  the  rx>untry  :  but,  answers 
having  been  thereafter  made  to  the  bill  by 
Glenure,  who  had  gone  to  Edinburgh  for  that 
purpose,  as  the  pannel  had,  through  ignorance 
of  the  forms,  carried  off  with  him  the  principal 
bill  with  the  sist  upon  it,  the  answers  were  ad- 
vised without  the  bill,  and  the  bill  refused  by 
an  interlocutor  the  5th  of  Mav  last. 

Upon  Saturday  the  tfth  of  May,  Glenure  re- 
turned to  hie  own  house  in  the  country ;  and 
so  soon  as  it  came  to  be  publicly  known,  that 
the  bill  of  suspension  was  refused,  and  that  upon 
Friday  the  15th  of  May,  being  the  term-day, 
Glenure  was  to  execute  the  warrant  of  ejection 
against  the  tenants  of  Ardshiel,  it  was  resolved, 
in  consequence  of  the  advice  the  ponnel  had 
got  from  Edinburgh,  that  tM^  tenants  should 
take  a  protest  against  Glenure,  in  case  he 
ahould  attempt  to  put  hi*  warrant  of  ejection 
in  execution  ;  and  that  they  should  cominue  in 
possession  notwithxUuiling  thereof,  till  such 
time  an  their  case  should  be  fully  heard  before 
the  barons,  and  that  their  directions  should  be 
known. 

ActMn-dingly,  in  prosecution  of  this  plan, 
njHm  Tuesday  the  19ih  of  May,  the  pannel 
wrote  a  letter  to  Alexander  Stewart,  writer  in 
Glenettie,  desiring  him  to  come  and  act  as 
notary  to  the  protest  intended  1  to  be  taken 
against  Glenure  ;  and  at  the  same  time  he  pre- 
vailed upon  two  gentlemen  of  character  in  the 
neighbourhood,  viz.  John  Mtewart  younger  of 
Ballachelish,  and  James  Stewart  younger  of 
Fasnacloich,  to  undertake  to  attend  as  wit- 
nesses, and  a>&sist  at  taking  ihe  protest ;  but  the 
said  Alexander  8cewRrt,  the  notary,  having 
happened  to  be  out  of  the  way,  when  the  pan- 
nel's servant  went  to  his  house,  and  this  hav- 
ing lieen  notified  to  the  pannel  u|>on  the  morn- 
iog  of  Thursday  the  14tb  of  May  last,  (the  day 
on  which  Glenure  was  murdered)  he  dispatclira 
a  servant  of  his  own  very  early,  with  a  letter  to 
Charles  Stewart,  writer  at  Aochintonr,  inform- 
ing him  of  the  dtRaptiointinent  he  had  met  with 
by  the  alisence  of  the  notary  to  whom  he  had 
flrvt  wrote,  and  desiring  him  (the  said  Charles) 
to  come  to  his  house  with  all  possible  expedi- 
tk>n  thttt  night,  in  order  to  act  as  notary  to  the 
protest  intended  to  be  taken  againit  Glennra 
next  day. 


919] 


25  GEORGE  U. 


Trial  of  James  Stttioartf 


[SSO 


In  this  sitiiatioa  mutters  stooil  upon  Tburs- 
i\Ay  the  14th  of  May  last,  beinjr  the  day  upon 
\«hich  this  most  execrable  murder  was  com- 
mitted ;  and  therefore,  the  facts  previous  to  the 
murder  being  adjusted,  1  shall  now  proceed  to. 
consider  the  evidence  which  has  been  brought 
f(ir  proving  lioth  branches  of  tlie  libel ;  1st, 
That  the  munier  was  committed  by  the  hands 
of  Allan  Brock ;  and,  2dly,  That  it  was  com- 
mitted in  conseouence  of  a  previous  conspiracy 
betwixt  him  and  the  iiannel. 

And  here  it  is  highly  necessary  that  you 
should  be  greatly  on  your  guard,  to  distinguish 
accurately  between  the  facts  charged  against 
the  pannul,  and  those  charged  against  Allan 
Breck;  which  is  the  more  necessary,  as  in 
the  libel  the  facts  are  so  intermixed,  that  it 
is  no  easy  matter  to  distinguish  the  one  from 
the  other.  And  though  I  roust  admit,  that  the 
learned  gentleman  on  the  other  side  has  been 
very  candid  in  summing  up  the  evidence;  yet 
I  could  have  wished  he  had  been  more  careful 
10  distiuguish  the  prpof,  so  far  as  it  relates  to 
the  different  pannels  charged  in  the  libel. 

With  rei^ard  to  the  first  question,  concerning 
the  ijruilt  of  Allan  Breck,  1  shall  not  take  up 
much  of  your  time;  for,  though  it  is  incum- 
bent upon  the  prosecutor  to  prove  that  the 
mur4ler  was  committed  by  the  bands  of  Allan 
Breck,  yet  it  is  not  absolutely  necessary  for 
the  pauiiel  to  maintain  the  innocence  of  that 
person  ;  as  it  is  of  no  importance  for  the  prose- 
cutor to  prove  that  the  murder  was  comniitte<l 
by  Allan  Breck,  unless  he  shall  also  prove  that 
the  pannel  was  accessary  to  it. 

And  therefore  I  shall  very  shortly  state  the 
objections  against  this  part  of^  the  evidence, 
leaving  it  to  your  own  consciences  to  determine 
you,  how  far  the  evidence  brought  by  the  pro- 
secutor is  sufficient. 

And  the  first  circumsttance  charged  in  the 
libel  is,  '«  That,  upon  Monday  the  11th  of 
May,  Allan  Breck  having  been  informed  that 
Glenure  had  gone  that  day  to  Lochaber,  and 
was  to  return  by  the  ferry  oV  Ballachelish  uj>on 
the  Thursday  after,  he  had  laid  aside  his 
French  clothes,  which  were  remarkable,  and 
had  disguised  himself  in  a  black  coat  and  trow- 
sers  belongin}if  to  the  pannel,  with  an  intention 
to  commit  the  murder." 

But,  in  the  6rst  place,  it  is  not  proved,  that, 
upon  Monday  the  11th  of  May,  Allan  Breck 
had  bt'cn  particularly  informed  of  Gienure's 
motions;  fur  though  it  does  indeed  appear, 
from  the  depositions  of  some  of  the  witnesses 
referred  to  by  the  prosecutor,  that  Allan  Breck  j 
had  heard  of  Glenure's  having  set  out  that  day 
for  Lochaber,  yet  it  does  not  appear  that  he 
had  got  any  information  what  road  he  was  to 
take,  or  at  what  time  he  was  to  return  :  none 
of  thtt  witnesses  have  said  so,  and,  in  cases  of 
this  nature,  no  fact  ought  to  be  presumed 
without  proper  evidence. 

3dly,  Though  it  is  prove<l  that  Allan  Breck 
did  change  his  clothes  upon  the  day  libelled, 
yet  it  is  not  natural  from  thence  to  presume, 
that  this  was  done  with  tL^  intentiou  to  com- 


mit the  murder.  It  clearly  appears,  froin 
the  depositions  of  the  witnesses  relative  to 
this  article,  *^  That,  upon  former  occasions, 
Allan  Breck  had  been  in  use  of  laying  aside 
his  French  clothes,  and  putting  on  tlie  drev 
of  the  country."  And,  in  particular,  it  is 
proved  by  the  depositions  of  the  three  Maccolls, 
(who  caimot  be  said  to  have  been  partial  for 
the  iMuinel)  "  That  he  had  on  these  very  clethea 
belonging  to  the  pannel,  when  he  went  to  Ran- 
noch  in  the  month  of  April  last  :'*  and  Ume- 
fore,  as  it  was  no  new  thing,  but  a  commao 
practice  of  Allan  Breck's  to  lay  aside  his  Frendi 
clothes,  and  put  on  the  dress  of  the  country*  it 
is  wrong  in  the  prosecutor  to  lay  hold  of  thii 
circumstance,  which  is  m  itself  mnocent,  and 
to  wrest  it  into  an  argument  against  the  pannd ; 
especially  as  it  ajipears  from  the  depositious  of 
the  same  three  witnesses,  "  That  Allan  Breck 
wrought  with  them  in  the  pota toe-field  tht 
greatest  part  of  that  afternoon  upon  whioh  b« 
came  to  the  pannel's  house,"  which  was  a  veir 
natural  reason  for  laying  aside  his  Freon 
clothes,  as  not  being  proper  for  that  purpose. 

The  next  circumstance  charged  against  Allan 
Breck  is,  '*  That,  for  louic  days  before  tbo 
munier  happened,  he  had  hovered  near  to  the 
ferry  of  Ballachelish,  at  which  it  was  known 
Glenure  was  to  pass ;  that,  during  that  period, 
he  had  been  twice  at  the  house  of  Ballacoelish, 
twice  at  the  house  of  Glenco^  and  once  at  tht 
house  of  Callart." 

But,  in  the  first  place,  it  is  not  proved,  that 
Allan  Breck  knew  that  Glenure  was  to  pan  at 
the  ferry  at  Ballachelish  ;  and  therefore  it  is 
ridiculous  to  talk  of  hovering  or  lying  io  wail, 
when  it  was  not  known  at  what  ferry  Glenun 
was  to  pass. 

3dly,  If  Allan  Breck  had  known  tliat  tb« 
defunct  was  to  pass  at  Ballachelish,  and  bad 
intended  to  lie  in  wait,  he  would  have  kept 
close  at  Ballachelish,  and  would  not  have  flono 
either  to  Callart  or  Glenco,  which  are  eadi  of 
them  at  three  miles  disUncc,  the  first  on  the 
north  side,  and  the  other  on  tlie  south  aide  of 
the  ferry.  It  is  much  more  natural  to  pre- 
sume, that  Allan  Breck  went  to  these  plaon 
with  an  intention  to  visit  his  friends  who  lived 
there.  And  this  is  another  instance  where  tht 
prosecutor  wrests  a  circumstance,  which  is  in 
Itself  innocent,  into  an  argument  against  tht 
pannel. 

The  tliiid  and  strongest  circumstance  against 
Allan  Breck  is,  *'  That  he  absconded  that  very 
night  upon  which  the  munier  happened,  and 
left  the  country  soon  thereafter." 

But  this  circumstance  has  hern  in  like  man- 
ner obviated  by  the  proof  brought  in  Itehalf 
of  the  pannel.  It  is  clearly  proved,  tliat, 
in  the  year  1745,  Breck  wa**  a  soldier  in  the 
regiment  commanded  by  colonel  Lee ;  that| 
immediately  after  the  battle  of  Preston,  he  de- 
scrteil  to  the  rebels;  that  he  remained  with 
thi'm  till  they  were  happily,  defeated  at  the 
battle  of  Culloden  ;  and  that,  since  that  time, 
he  had  been  in  the  French  service  :  and  there- 
fore, as  Breck  must  baft  foreieen,  tbati  upon 


»1] 


Jbr  Murder. 


Um  Bianler  of  Gknare,  a  rery  strict  search 
wouM  be  made,  it  was  very  natural  for  liim, 
thon^h  innocent,  to  abscond  and  leave  the 
coootrj,  and  accordingly  it  appears  from  the 
poaf,  that  be  ^ve  this  account  of  the  mutter 
ta  etcrjf  peraon  whom  be  had  occasion  to  con- 
vfita  «ilh  upon  that  Nubject ;  and  therefore,  as 
this  dreamstance,  as  well  as  all  the  rest,  may 
■alafiby  bear  a  construction  favourable  for  the 
naaat^  it  i»  wrong'  in  the  prosecutor  to  put  a 


Aniction  upon  "an  action  which  will 
ivalj  bear  a  good  one. 

The  only  other  material  circumstance  from 

wbicb  the  ipuilt  of  Allan  Breck  is  inferred,  is, 

that,  before  the  murder,  he  had,  ui>on  different 

aecaaooa,  nsed  threatening  or  resentful  expres- 

■aoB  acainal  the  defunct :    but,  as  it  seemed  to 

be  adaaitted  by  the  learned  gentleman  on  the 

e,  that  expressions  alone  were  not  suf- 

L  to  infer  the  crime,  I  slmll  have  occasion 

10  emndcr  more  particularly  the  effect  of  such 

aiyisawoiM  under  the  second  branch  of  my  ar- 

gameat,  arfaich  properly  relates  to  this  pannel. 

And  wfaacerer  mav  be  your  opinion  with  re- 

£rd  lo  Allan  Breck,  I  must  humbly  contend, 
it  Ibcre  ia  no  sort  of  evidence  that  the  pannel, 
BOW  at  the  bar,  was  in  any  previous  conspiracy 
to  conmit  tliia  heinous  murder ;  and,  as  far  as 
the  nalore  of  the  thing  could  ailmitof  it,  the 

Gwel  haa  profed  the  improbability  of  his 
Dg  any  way  accessary  to  it. 
In  the  first  place,  the  character  of  the  pannel 
focs  far  to  protect  him  from  any  suspicion  of 
Hiikind.  Though  that  part  of  the  evidence 
VIS  Del  taken  down  in  writing,  yet  he  has 
fntcd  by  witnesses,  beyond  all  exception,  and 
CM  appeal  to  vour  own  consciences  for  the 
Mb  or  it,  that  iiis  character  in  private  life  was 
Micr  stained  by  auy  dishonourable  action.  Is 
"*( then  to  believe,  that  one  of  such  a 
r  can  at  once  plunge  himself  into  the 
I  guilt,  hy  committing  the  crime  of  as- 
'^    which  is  of  all  others  the  post 


*WiHrto  human  nature? 
iir.The  i 


Sir,  The  pannePa  guilt  is  still  the  more  im 

pMfe,  as  he  conld  not  possiblv  propose  any 

y^by  it.    He  was  a  man  or  too  good  un- 

VMHluig,  not  to  see  that  Glenure'd  place  as 

■(i»  voold  soon  be  supplied ;  that  the  strict- 

M  Kareh  would  be  made  for  the  authors  of 

V  eaoroioiia  crime ;  and  that  his  family,  as 

■>Y  nearly  connected  with  the  forfeited  per- 

>■■  woald  be  first  suspected :   is  it  possible, 

^  in  aoch  circumstances,  it  could  enter  into 

^  imagination  of  the  pannel,  to  commit  a 

oine  of  so  black  a  natnre,  when  he  could  not 

•sly  nap  no  benefit  by  it,  but  when  it  liehoved 

Mcosarily  to  involve  his  own  fiimily  in  inevita- 

he  distress  and  ruin  ? 

But,  3fllv,  There  is  another   circumstance 

reoflkers  it  incredible   that   the   pannel 

I  have  lieen  in  any  previous  conspiracy  to 

oanmit  this  murder ;  for  it  is  clearly  proved, 

Ibatatthat  ^ery  time  he  was  pursuing  quite 

esatrary  measores;  that  he  had  provided  him- 

Hif,  and  was  cndeavooriug  to  provide  the  other 

•ndit  is  further 


A.  D.  1752.  [222 

proved,  not  only  by  verbal,  but  also  by  written 
evidence,  which  cannot  lie,  that  his  intention 
was  to  proceed  in  a  legal  way,  by  taking  a 
protest  agfaiust  Glcnurc  upon  the  term-day,  in 
case  he  slioiihl  attempt  to  put  his  removing  in 
execution.  This  is  dearly  proved  by  the  pan- 
nel's  letter  to  Charles  Stewart,  the  notary, 
dated  the  14th  of  May,  being  that  very  day  on 
which  Glenure  uas  murdered:  which  letter 
ought  to  have  the  greater  weight,  as  it  is  not 
produced  by  the  panncl/but  by  the  prosecutors, 
the  same  havinj;^  heen  recovered  by  them  out 
of  Charles  Stewait's  hands. 

In  this  letter  (tvhich  greatly  deserves  your 
attention)  the  pannel  u rites  to  Charles ^)te wart. 
That,  by  the  negligence  of  his  servant,  be  had 
been  disappointed  of  the  notary  he  first  intend- 
ed, *'  which  he  reckons  a  very  great  misfor- 
tune." And  then  the  letter  concludes  in  these 
words:  **  The  uext  best  thing  I  can  think  of 
is,  that  you  be  here  this  night,  without  fail,  if 
you  should  hire  a  horse ;  as  every  thing  roust 
go  wrong,  without  a  person  can  act,  and  that  I 
can  trust.  This  is  such  a  tie  upon  all  the 
members  of  our  family,  that  I'll  press  you  no 
further,  but  do  depend  on  seeing  you  once  this 
night." 

it  is  indeed  true,  that  this  letter  does  not 
particularly  mention  that  the  pannel's  intention 
was  to  take  a  protest  afifainst  Glenure;  but 
then,  this  is  fully  explaineil  by  the  depositions 
of  the  witnesses,  particularly  hy  the  oath  of 
Charles  Stewart,  who  fle|)Ofie8,  '*'  That  he  re* 
ceived  a  second  letter  from  the  pannel,  of  date 
the  14th  of  May,  dosiring  him  to  attend  the 
next  day  at  the  ejection  ;  hut  he  declined  the 
same,  oecause  he  did  not  care  to  disoblige 
Glenure." 

This  is  further  confirmed  by  the  oath  of 
John  Beg  Maccoll,  the  person  who  carried  the 
letter,  who  deposes,  **  That,  upon  Thursday 
the  14th  of  May  last,  the  pannel  gave  a  letter 
to  the  deponent,  to  be  delivered  to  Charles 
Stewart,  notary  public  at  Mary  burgh  ;  and 
tuld  the  deponent,  that  the  letter  was  to  make 
or  cause  Charles  Stewart  come  to  the  country 
of  Appin  to  protest  against  Glenure,  in  case 
he  had  not  a  sufficient  warrant  to  remove  the 
tenants  of  AnIshicI :  that  the  pannel  destretl 
the  deponent  to  make  all  possible  dispatch, 
and  desire  John  Breck  Maccombie  at  Kin- 
talline,  and  J  jhn  More  Maccoll,  servant  to  the 
pannel,  who  was  then  at  Kintalline,  to  ferry 
the  deponent,  from  Kintalline  to  Onicli,  being 
much  shorter  than  the  ferry  of  Ballachelisb  : 
that  he  sat  oot  from  Aucnam  about  7  or  8 
o'clock  in  the  morning,  and  made  all  the  dis- 
patch he  conld  to  Fort  William,  where  he  ar- 
rived about  twelve  o'clock.  Deposes,  that, 
when  he  came  to  Fort  William,  he  delivercil 
the  letter  he  got  from  the  pannel  to  William 
Stewart,  merchant  in  Maryburgh,  who  told 
him  that  Charles  Stewart  the  notary,  was  not 
at  home,  he  having  gone  to  the  braes  of 
Lochabrr  in  the  morning  ;  and  told  the  depo- 
nent, that  he,  the  said  William,  had  wrote  to 
the  pannel  in  the  morning,  and  that  there  was 


82S] 


25  GEORGE  II. 


Trial  ofjMmet  SieoMrf^ 


[S24 


R  notary  along  with  Glenure,  who  would  aer? e 
the  pannel,  as  well  as  Glenure.*' 

And  it  is  further  proved,  that  the  panncl  had 
gone  so  far  as  to  provide  proper  witnesses  to 
be  present  at  taking  that  protest,  as  appears 
■from  tlie  deposition  of  John  Stewart  younger 
of  fiallachelish,  who  deposes,  *<  That,  in  the 
time  of  the  spring  circuit  in  this  place,  in 
May  last,  he  was  summoned  to  be  of  the  jury  ; 
but,  at  the  earnest  request  of  the  pannel,  that 
lie,  the  deponent,  should  be  present  with  a  no- 
tary at  the  removing  of  the  tenants  Imro  the 
estate  of  Ardbhiel,  he  was  going  on  that  er- 
rand, to  the  pannel's  house ;  but  returned  to 
Appin,  upon  hearing  of  the  murder  of  Gleunre 
4;ommitled  that  day. 

And  this  observation,  that  the  pannel  had  at 
this  time  no  thoughts  of  the  execrable  munter 
of  uhich  he  is  now  accused,  is  further  confirm- 
ed from  William  Stewart's  letter  tp  the  pannel, 
dated  the  same  14lh  of  May,  recovered  by  the 
prosecutors  from  out  of  the  pannersreimsito- 
ries,  which  concludes  in  the  following  wonls : 
<'  I  find  Glenure  has  a  mind  to  eject  the  te- 
nants ;  hut  they  ought  to  be  deaf  to  it,  and,  at 
all  risks,  keep  possession,  as  they  are  in  good 
hands,  as  it  must  end  in  the  exchequer;  so  that 
I  beg  they  keep  possession  :  as  there  will  be 
no  troops,  they  ought  to  repel  force  by  force, 
anil  take  their  hazard  of  the  consequences ;  as 
it  can  be  no  more  than  violent  profits,  which  is 
often  modified  in  inferior  courts,  besides  the 
•«s(chrquer,  who  will  insist  for  no  such :  their 
chief  design  beiuff  to  have  a  sett  of  peaceable 
tenantry,  and  a  well-paid  rent :  ao that  the  peo- 
ple might  to  be  assured  they  will  he  supported 
as  far  as  law  will,  which,  do  doubt,  must  de- 
termine in  their  favours." 

From  the  depositions  of  these  witnesses, 
joined  with  the  letters  which  have  been  read 
in  your  presence,  it  is  incontestably  proved, 
that  the  plan  concerted  between  the  pannel 
and  his  friends  went  no  further,  than  to  take  a 
protest  against  Glenure,  in  case  he  should  at- 
tempt to  execute  bis  warrant  of  ejection  against 
the  tenants ;  or,  at  furthest,  that  the  tenants 
should  continue  iu  possession  iiotwithstandiiicr 
the  warrant,  ami  run  the  risk  of  violent  profits. 
And  it  is  of  great  importance  in  the  present 
•rgnment,  that  these  two  letters  are  dated  upon 
the  morning  of  that  very  day  op  which  the 
nurder  happened  ;  a  circomMance  utterly  in- 
consistent with  the  libel,  uhich  has  no  other 
footing  to  stand  upon  than  this,  That  the  pan- 
Del  dad  Allan  Brack  hud  concerted  the  murder 
previous  to  the  time  when  Allan  Breck  changed 
his  clothes,  which,  os  has  been  already  observ- 
ed,  was  four  days  before  the  murder. 

Amidst  such  glarin{;impn>habiliiies,  it  wouUI 
require  the  stroniufest  evidence  to  convict  the 
pannel.  And  this  leads  uic  to  consider  the 
several  facts,  according  to  the  order  in  which 
they  are  laid  in  the  indictment. 

And  the  first  thing  char|i;ed  in  the  IiIm-I  is, 
ibat  the  pannel  had  conceived  an  uiijnsr  re 
■CDtmeot  against  the  defunct,  for  three  diflfer- 
ist,  Bmmmo  he  had  accepted  the 


factory  of  the  estate  of  Ardifaiel ;  Sndljrt  Be- 
cause he  had  removed  htm  froiD  the  hurm  of 
Glenduror;  and  3dly,  Because  that,  in  the 
month  of  April  1752,  he  had  takeo  measures 
fur  removing  oertain  other  persons,  who  were 
tenants  and  possessors  of  that  estate. 

The  first  is  clearly  disproved  by  letters  and 
discharges  under  the  hand  of  the  deceased, 
which  have  been  read  in  your  presence ;  and 
from  which  it  appear/;,  that,  for  several  years 
after  the  date  of  the  factory,  the  deceased  and 
the  pannel  were  in  perfect  good  terms ;  and 
that  Glenure  had  such  confidence  in  Ihe.paa- 
uel,  that  he  had  employed  him  to  uplift  the 
rents  from  tlie  other  tenants. 

The  second  ground  for  resentment  is  dis- 
proved by  the  oath  of  Alexander  Stewart  of  In- 
nernahvle,  who  deposes,  "  That  the  tioM 
when  I  lie  pannel  removed  from  Gleaduror,  he 
told  the  deponent,  that  he  had  had  a  meeting 
with  Ballieveolan,  and  that  there  was  a  com- 
promise betwixt  them :  that  he  did  not  hear  of 
any  warning,  but  that  be  removed  voluntarily." 

And  therefore  the  only  ground  of  resent- 
ment which  remains,  is,  that  the  defunct  bad 
taken  measures  for  removing  some  of  the  other 
tenants  of  the  estate,  as  at  the  term  of  Whit- 
sunday last :  and  though  it  may  be  true,  that 
the  pannel  has,  upon  different  occasions,  con- 
plaine<l,  in  strong  terms,  of  the  hardship  of  re- 
moving these  tenants ;  yet  it  is  impossible  Is 
believe,  that  so  trifling  a  cause  of  resentment 
could  have  so  strong  an  effect,  as  lo  push  on 
the  pannel  to  tlie  barbarous  murder  of  which 
he  is  now  accused ;  more  especially,  when  it 
is  considered,  that  he  is  noways  related  to  any 
of  these  tenants,  and  that  none  of  them  are  so 
much  as  of  the  same  name. 

The  prosecutor  has  been  pleased  to  lay  great 
stress  upon  certaiu  foolish  expressions  alleged 
to  have  been  used  by  the  panuel  upon  tlie  sub- 
ject of  these  removmgs. 

It  must  occur  to  every  mau,  how  extremcij 
dangerous  a  proof  of  this  kind  is :  there  are 
very  ^e^  witnesses  who  can  repeat  exactly  the 
particulars  of  any  conversation,  and  still  fewer 
who  e^n  recollect  these  particulars  at  any  dis* 
tancc  of  time.  In  such  cases,  much  may  de- 
pend upon  the  tone  of  vdice,  or  (gesture  of  the 
person  who  speaks  ;  and  the  variation  of  a  cir- 
cumstance may  alter  the  meaning  of  the  Hhole 
expression. 

Besides,  there  is  an  obvious  disadvantage 
which  this  pauoel  labours  under,  and  of  whi», 
in  the  present  case,  he  hai  no  small  reason  to 
complain ;  which  is,  that  the  particular  ex- 
pressions charged  against  him  are  nut  taken 
into  the  libel,  neither  are  the  circumstances  of 
time  and  place  mentitined ;  by  which  the  iianf 
nel  is  deprived  of  the  op|K)rtunity  he  OMflrlit  to 
have  had  ot  bringin*^  a  contrary  proof,  if 
the  paiticular  expressions  were  kn<»wu  tolttc 
pnisecutur,  it  was  hut  just  that  iliev  sbeold 
have  been  taken  into  the  libel ;  and,  uu  tha 
other  hand,  if  they  were  not  knawu,  no  aoch 
thing  ouyht  to  have  been  at  all  mentioned. 

And  indeed,  with  regard  to  some  of  tha  as- 


Jw  Murdit. 

•t  b  lm|ioflftUite  io  believe,  itiiit  Die 
I9»d  ibe  words  d<»pr,<ied  to  bv  ibe  wit- 
Thas,  in  particular,  tbe  slnmi^est  ex- 
I  is  Uiil  fSep«i«pil  \f\  hy  Jdtiti  >hcc4»ll 
VI ho  dtfpiMefi,  **  That,  ftbtnit  u%o 
I  agov  be  beard  the  fannel  say,  that  he 
I  ffpeod  ft  ib»t  Mtt  Ctti'tiure,  though  he 
v«m  «•  bb  ku€e«  to  lb«>  «%tiit)o\y  to  tire  U.'* 
B«l  M  ibb  etiifesjiion  ia  nnly  deposed  to  by 
•,  who  4e«>m«  1(1  liaTe  becD  abiin< 


It  fbrvrnnl  in  ^^        '<      ti^ftinst  the  piinnel; 
« (t  0  yctf^ly  ini  i4t,  lit  tbe  time  de- 

^■{#4  111  '     ^  i  ,  in(;(ian[iel  woubl  hare 

iiHjthi  -■$  it  is  deady  pro  veil, 

bjf  ibe  drpx^ujuu^  «H  ihe  oiher  M'iint*;i«(fs,  tbut 
l&t  4«i:ea9t^  ftnd  the  pdniKl  were  then  in  sitrict 
pil»br|i  lOfffther  ;  nnil  thitt  at  that  thne  the 
iBit4  bia  iuch  conHdiiice  in  the  pamiel, 
be  was  Ibeti  eDiptoying  hiin  as  sub'tselor 


ba  rery  Icdtous*,  aiKl  is  iinueoes- 
tv  tnalce  jHirticular  ohscrvaiions 
expre&9iun»  dt'posed  to  by  the 
e&;    at    (he  same  time  it   is 
k  tor  roe  to  recollect  ihein,  as  1 
ipfMirtODity  to  know  them,  till  they 
p*ed   to  by  tbe  witnesses  Ihrmsehes* 
It  10  aiiiMrtifint  f«ir  me,  in  gftieral,  to  nbserve. 


-  •  It  i»  r«^fe«enieil  in  Ibe  '  Sapplemrnr/  thnt 

mmmm  lArtol  thi^  nrfirunient  (p.  'iCiO,  hne  15 

if  iIm  report  of  the  trial  rctVnetl  to  in  the 

*S«fifi|rciieiil)*  Mr.  Brown  ui*!*  internipterl  by 

INaMBia  CattipMt  of  8(juih«Hu(t«  imi*  f\\'  the 

pTf^  wbo  iaid  aloud  to  liim,  '*  Pr,iy  Sir,  cut 

iboft;  we   have  enoiif^h  of  vi,  and  en?  ipiite 

limli    tbr  irtnt  huvirig   l^ited   loti^:^*   iipDU 

aiidi  ibr  author  of  the  Supplement  remarks  : 

*  Ita  mifirtefMlenteit  rxclHuiatory  iiilrrruptidn 

iMMOetMl     Mr.    Brown,   shocked    \\\e    an- 

ftitcc,amJ  itbo^ed  plainly  the  $icttkd  minds 

<C  •••afrtlki.     It  is  very  triu%  that  the  trial 

M  li««d   1410^.     But  who  were  tht^y   that 

iMkftnl  it  BO  much?  Surely  not  the  pan- 

m%  bwyera  and  witnes^ies:  lor  the  depofii- 

imiif  tba  iviiiiesfps  tor  ttte  priiseeiitom  lake 

^t09  pftK^*  whricni  those  for  the  pannel 

l|||  fl  l^l^i  and  th^  Lord  Advocate's*  speech 

H  ^  jcry  ftfainst  the  rmiinel,  tills  up   78 

Mn|  but  that  of'  l^ir.  Drown  for  him,  only 

U*.  s^lliftl  in  this  lonif  diet  of  the  court,  nine 

)nr»  al  l€»«t  of  tbe  time  suent  was  employed 

Utbe  fiioa«:utoni  for  one  botir  i>y  the  pannej. 

mm  hitli  reascm  theo  had  South^hall  to  be- 

icra  «o  bbomaoely,  and  do  a  thing,  that,  1 

mm  taidi  nrref  happened  before  in  a  court  of 

jfKtket  •  f  >nc  or  two  mora  oj  the  jury  spoKe  on 

ibii  c3CU«(0rdiiiary  oeeanjon  ;  but  wnether  se* 

«ftiiiii|^or  mfifmng  South-halt's  motion^  was 

aai  Ikefi  4iilioet)j  naanl  hy  many,     ft  seems 

U  W  afretd  iqpoo  ttow,  ihst  it  was  to  desire 

iff.  Brwiiii  to  prnc!*'*  rl ;  which  lie  did,  after 

ilHnaiiiy  bi  for  having  been  thus 

litttTUplutt ;  chrtk  that  behoreiMo 

a^  I  make  him  forget 

^  (  j^  that  he  would 

aiL  V  ilvtie/* 

\     , 


A.  D.  1752, 

tluit  some  of  tbeoj  may  bear  an  innocent  mean 
ing";  that  others  of  them  appear  to  have  heeij 
uttered  when  the  pan  net  wus  in  drink  ;  and 
iliAt  none  of  them  ure  so  strong,  as  that  de 
pOKed  to  by  tlie  bouman*  which  h>is  been  %{m 
ready  answered. 

And  though  it  sbonhl  be  admitted,  that  tha 
pauiiel  had,  upon  dilTerent  occasions:,  ejcpre!sse<0 
iumself  foolishly  in  terms  which  implied  re-  I 
sexitment  against  the  defunct;  yet  this,  by  it- J 
self,  is  by  no  means  sufficient  to  piore,  that  th«,f 
pannel  was  accessary  to  the  murder  which  af- 
terwards happened. 

And  here  I  have  only  to  appeal  to  your  ownl 
hearts,  and  ask^  bow  often  you  have  heard  re*,| 
sentful  expressions  thrown  out  iu  conversation^] 
where  you  were  yourselves  conscious,  that  no-,  I 
thing  was  seriously  inteniled ;  and  though  it  1 
may  be  true,  that  such  expressions  may  Server,] 
as  a  weight  in  the  scale,  with  other  circum**] 
sunces,  to  convict  the  paaoel ;  yet  this  holdft, 
only  where  these  tHber  circumstances  caonol  i 
naturally  admit  of  an  innocent  construction,,  I 
but  can  never  apply  to  the  present  case,  wlk^rr,  , 
I  am  hopeful,  I  shall  be  able  to  shew,  that  ttia 
other  citcum:)tances  provetl  against  the  panuii  j 
have  no  shadow  of  relevancy  in  theni«  ' 

At  the  same  time,  it  is  a  circumstance  of  | 
some  weiirht  in  the  present  case,  to  take  off  the 
etfect  of  these  expressions,  that  it  is  not  pre- 
tended, thai  the  murder  was  comniiUed  by  the 
paune)^  on  the  contrary,   the  libd  >4els  forlh^ 
thut  the  murder  was  committed   hy  tbe  hands 
of  Allan  Breck:  and  however  it  may  be  true,  , 
that  expressions  importing  resentment,  proved  \ 
against  the  panue),   may  go  hi  to  presume 
guilt,  where  none  other  fs  coodesceuded  on  as  < 
the  actor  and  perpetrator  of  the  murder  ;  yet 
that  will  noways  apply  to  the  present  case, 
where  the  very  libel,  upon  vihich  the  pannel  is 
nccueiei],  sets  forth,  that  the  murder   was  not 
commilled  by  the  pannel,  but  by  another. 

The  second  fact  charged  in  tlie  libef,  it 
fnunded  oo  a  concert  supposed  to  have  been 
entered  into  betwixt  the  pannel  and  Allan 
Breck,  upon  Mtmday  the  11th  of  (^lay ;  tri 
ronsei^ueoce  of  uhich  concert,  it  is  alleged,  th« 
murder  happened.  But  as  the  prosecutor  baa 
brought  no  evidence  of  any  such  concert,  oc 
lliat  AIIru  Breck  and  the  pannel  had  any  con- 
ference whatever  upon  the  subject  that  day  ; 
sr>  it  is  proved,  as  strongly  as  the  uature  of  llie 
tiling  can  admit  of,  by  the  prosecutors  owa 
witnesses,  that  do  such  thing  could  possibly 
have  lieen  concerted  that  day.  The  sum  ot* 
the  evidence  relative  to  this  matter,  Is,  that 
Allan  Breck  came  to  the  nnnnel  upon  Monday 
the  1 1  ill  about  mid-day,  the  panuel  t»eing  theit 
sitting  in  a  5eld  of  potatoes,  Jii  compauv  wtlti 
three  of  his  servants  :  that,  alter  they  had  sit 
lor  a  quarter  of  an  botir  together,  a  meMiage 
cat»e  from  iMr.  Campbell  of  Airds,  desirinip 
the  pannel  to  come  to  him  at  Keil,  which  ti 
about  two  tDiles  distant  from  the  pannuPft 
house:  thai,  in  consequences  of  this  loesaage, 
he  immediatelv  went  tp  Keil,  leaiing  Albn 
Breck  with   his  serraiiU;    that  b«  naoainad 


S»7] 


25  GEORGE  11. 


Trial  of  James  Siewifif 


tSS8 


il^itb  Airds  all  that  afternooD,  and  did  not  r&- 
tuni  to  bis  own  house  till  late  at  night,  the  fa- 
mily being  then  at  supper,  andsereral  strangers 
alonff  wiui  them :  that  the  pannel  and  Allan 
Breck  bad  no  conversation  together  in  private 
that  night :  that  they  slept  in  separate  places, 
and  that  the  pannel  had  left  his  house  next 
morninff,  before  Allan  Breck  ffot  out  of  bed. 

As  this  is  a  very  roateriaicircumstance,  in 
respect  it  is  admitted  upon  all  hands,  that  this 
was  the  only  occasion  the  pannel  and  Allan 
Breck  had  of  conversiniB^  together,  between 
Glennre's  return  from  Edinbnrffb,  upon  Satur- 
day the  9th,  and  the  murder,  which  happened 
upon  the  Thursday  thereafter,  I  must  beg 
leave  to  resume,  particularly,  the  evidence  on 
this  head. 

John  More  Maccoll  deposes,  "  That,  upon 
Monday  the  lUh  of  May  last,  he  saw  Allan 
Breck  come  to  Aucham,  dresseil  in  his  lonff 
clothes,  and  came  directly  where  the  pannel, 
Allan  his  son,  John  Beg  Maccoll,  and  the  de- 
ponent were  covering  potatoes:  that,  when 
Allan  came  up,  they  were  resting  themselves, 
and  sitting  by  one  another :  that  Allan  Breck 
flat  with  them ;  and  all  the  conversation  the 
deponent  observed,  consisted  in  some  questions 
about  the  welfare  of  the  people  of  Glencrearan ; 
and  that  he  did  not  observe  tne  pannel  have  any 
private  conversation  with  the  said  Allan  Breck  ; 
for  that,  a  very  little'time  after  Allan  Brock's 
arrival,  the  pannel  had  a  message  to  meet  Mr. 
Campbell  of  Airds  at  Keil ;  and  that  this  hap- 
pened after  mid-day :  that  the  pannel  imme- 
diately, upon  receiving  the  above  message, 
went  away,  in  order  to  meet  Airds ;  and  that 
nobody  went  along  with  the  pannel,  Allan 
Breck  having  stayed  with  them." 

John  Beg  Maccoll  deposes,  '*  That  when 
Allan  Breck  came,  upon  the  11th  of  May  last, 
to  Aiicharn,  the  pannel  was  seeing  the  depo- 
nent, John  More  Maccoll,  and  Dougal  Mac- 
coll, working  at  potatoes ;  and  that  Allan 
Stewart,  the  pannel  s  son,  was  likewise  there : 
that,  when  Allan  Breck  came,  they  were  all 
sitting  together ;  and  that  he  seated  himself  by 
the  pannel,  and  had  some  conversation  in  Eng- 
lish, which  the  deponent  does  not  understand. 
Deposes,  that  Charles  Stewart,  son  to  the 
pannel,  and -— Stewart,  daughter  to  Fasna- 
doich,  came  to  Aucham  from  Fasnacloich  a 
little  after  the  said  Allan  Breck."  And  further 
deposes,  "  That  when  Allan  Breck  came  back, 
upon  Monday  the  11th  of  May  last,  to  the 
place  where  the  paunel,  deponent,  and  others, 
were  covering  potatoes,  as  above,  they  had  sit 
together  but  fur  about  a  quarter  of  an  hour, 
when  the  deponent  went  to  work  at  potatoes  at 
a  greater  distance;  and  before  he  went  away, 
heard  a  message  had  come  for  his  master  to 
meet  Airds  at  Keil,  and  heard  his  master 
speak  of  p:oing  there ;  but  when  he  went,  or 
who  went  along  u  iih  him,  the  deponent  does 
not  knoiv :  that  tlie  deponent  continued  work- 
ing at  the  potutoea  till  the  evenmg,  and  the 
pannel  was  not  come  home  when  be  came  from 
kia  work :  that  the  pannel  cane  home  at  bed- 


time, accompanied  with  John  More  MaciK- 
chattan,  who  lay  with  the  deponent  thai 
night." 

Dougal  Maccoll  depones,  '*  That  when  the 
deponent  came  home  from  the  wood,  upon 
Monday  the  11th  of  May  last,  the  paniid  was 
not  at  home,  and  the  deponent  was  told,  he  was 
gone  to  Keil,  to  meet  the  laird  of  Airdi ;  and 
that  the  deponent  had  gone  to  bed  before  th« 
pannel  came  home  that  night ;  and  that  early 
upon  Tuesday  morning,  when  the  deponent 
sot  up,  he  saw  the  pannel  without,  who  toM 
him,  that  he  was  going  to  Appin's  house;  and 
that,  to  the  deponent's Icnowledge,  Allan  Brecki 
or  the  pannel's  sons,  were  net  then  up :  that  he 
saw  the  pannel  go  towarda  Lettershonay  where 
Appin  lives.  Deposes,  that  Allan  Brack  left 
Aucbarn  before  the  pannel  returned  from  Lel- 
tersbnna." 

Katharine  Maccoll  deposes,  "  That  the  pan- 
nel went  in  ttTc  afternoon  of  the  day  (vie.  11th 
May)  to  Keils,  to  meet  Mr.  Campbell  of  Airda ; 
and  that  it  was  late  at  night  before  he  canae 
home;  but  that  the  family  had  not  rapped 
when  the  pannel  came  home;  and  that  the 
mumel  supped  in  company  with  Allan  Biedc 
Stewart,  Fasnacloich's  daughter,  and  AroU- 
bald  Cameron,  nephew  to  Fasnacloich^  end  the 
pannel's  family." 

Archibald  Cameron  deposes,  *'  That,  upon 
Monday  the  1 1th  of  May  last,  the  deponeet 
came  from  Fasnacloich's  house  to  the  pjuioel^ 
house,  after  mid- day:  that,  some  little  tine 
after  he  came  there,  he  saw  Allan  Breck 
Stewart:  that  the  pannel  was  not  at  bone 
when  the  deponent  came  first  there,  but  cane 
home  before  night- fall:  that  the  depoDcnl, 
pannel,  Allan  Brack,  and  the  family,  sat  in  one 
room,  and  supped  together :  that  he  did  not  ob- 
serve Allan  Breck  and  the  pannel  speak  in 
private  that  night:  that  the  deponent  and 
Allan  Stewart,  the  pannel's  son,  lay  in  one  beds 
and  Allan  Breck  and  Charles  Stewart,  son  to  the 
pannel,  in  another  bed  in  the  same  bam  :  that, 
to  the  best  of  bis  remembrance,  they  all  went 
to  bed  much  about  one  time,  and  got  up  toge- 
ther next  morning :  that  the  deponent  did  net 
observe  the  pannel  about  the  bouse  next  i 
ing  when  he  got  up." 

And  the  depositions  of  these  witne 
corroborated  by  Donald  Campbell  of  AinK 
who  deposes,  "  That,  upon  Monday  the  11th 
'  of  May  last,  the  deponent  sent  to  the  panneli 
desiring  him  to  come  to  him  at  Keils,  a  hrm 
belongmg  to  the  deponent,  at  about  a  mile's 
distance  from  the  paniiePs  house:  that  fbe 
pannel  accordingly  came  there  to  him  that 
afUrnoon,  as  soon  as  he  expected  him :  that 
the  deponent's  business  with  him  was  for  bis 
assistance  in  setting  that  farm :  that  the  farm 
was  accordingly  set,  and  the  pannel  himself 
took  part  of  it,  and  conducted  the  deponent  e 
part  of  his  way  home,  and  then  they  parted : 
that,  before  parting,  he  desired  the  pannel  togo 
next  morning  to  Appin's  house :  that  the  pan- 
nel accordingly  diil  so,  and  the  deponent  wd  n 
letter  from  him  from  that  place." 


JuY  Miirden 

wlial  Tiaa  betn  said,  therefore,  it  ap* 

Eifti  the  prdseciilor  lias  iiol  only   nut 

L  llttt  opoo  the  1  tth  of  May  there  was 

*~|f  oOiicefied  wtih  regard  to  the  murder 

the  paontfl   and  Allan  Breck,  hut,  on 

CMilfUi,  it  in  proTedf  a»  strongly  an  the 

are«C  tJie  thinf  can  admit  of,  that  no  such 

or  couU  he  concerted  betwixt  I  hem 

I  ftnd  \{  this  is  oace  estahh^hed,  it 

llie  fo«ii»dation  upon   tvhich  the    wlmle 

;  as  it  ii  not  pretended,  that  the  pan- 

I  Alhui  Brick  hati  ever  any  other  opuor- 

•f  eooirerainii^  lui^ether,  helwjjtt  Ule- 

from  Edinburgh  and  the  time  of 

Tbe  ikini  article  charged  tu  the  indictnoent 
I  n^  TMi,  IB  iwrauaocc  of  the  concert  entered 
\  Wfoti^  Ibe  1 1th  of  Mav,  the  pannel  had  fur* 
fireek  with  a  suit  of  hiti  own 


A.D.  17552. 


[S30 


I  oHer  to  serve  aa  a  diagui^,  that  he 
I W  ntthled  to  commit  the  crime  with  the 

aalclj. 
t  Miilw  irst  place,  it  must  occur  to  t'ftty 
I  vbokian  me^  that  this  is  a  mostimproba- 
'p|  ^  if  it  had  been  intended  that  Allan 


hsM  be  di^ui^eej  at  the  time  of  com- 

lb«  Gime,  it  is  impossible  it  could  he 

Vf  ialcnikii,  that  lie  should  be  disguised 

mt  bdoogiog  to  the  pannel ;    for^  how- 

ifaw  m^l  bare  sen ed  for  a  disguise  to 

Br«dE«  il  might  aerie  eaually  for  a  point 

* — *^  "painai  the  pannel :  aud  therefore 

rie  potsitioii  can  ijfain  credit  with 

aotesei  it  shall  first  he  supposed,  that 

ia  not  only  the  most  wicked,  but  also 

_  fooliah  aiuoti^'  men  f    which  will  not 

^«Mily  er»4iied  by  you»  ^^  ho  haTe  been  wii- 

avKilo  ibc  idccent  appearance  he  has  made  at 

iiitraL 

94f »  k»  tb«  story  ia  improbable,  so  it  is 

liiMitittA  of  all  foundation  io  truth ;  for 

red  b^  any  of  the  witnesses,  that 

ftaroiaheu  or  gave  the  cloihes  to 

he 
put  on  a  suit 
bckmgiag  to  the  pannel,  or  his 
Ibi  Alooday  before  tike  murder  ;  yet 
dvmb  be  ri4icoWia  Io  nay^  that  a  party  could 
ktiiifiqlaBl  u  aoccssary  to  a  murder,  because 
te  tb»  iDianlerrr  had  on  bis  clothes  at  the 
tei  ivh«B  Uie  crime  was  commiiteii. 
Aod,hwt1y,  upon  this  head,  the  circumstance 


idl  :  and  though  it  is  proved^  that 
bia  French  clothes,  and  i)ut  on  a  s 


iffbuiguig  the  clotbaa  has  been  fully  account* 
illk  m  ibe  foroitr  part  of  the  argument  ^  and 
■  il  bflp  l««o  efearly  prOTetl,  that  Allan 
hmk  bail  bico  foroaarly  iq  use  of 
tea  tatjr  dolbea,  tlie  accideot  of  hii 
IMb  •■  ad  the  time  when  the  murder  ¥ 


and 
Allan 
wearing 
II  haviug 
was  com- 
ba? a  DO  weight  against  the  pannel. 
Tbf  fowili  article  cbarc^ed  in  the  libpl  is, 
IWltii|iooj^«iDoniiiiff  of  tbat  day  upon  which 
lbt»ytteMiaiuK!Pi^  tbe  pannel  had  st'ut  John 
iob«  A  aervanl  of  bia  owti,  to  Fort- 
bi  ^f4tsf  Io  watch,  and  gire  intelli* 
mmm  tbe  niotioni  of  the  deceased  ; 
i£09  bats  b«cii  takes  to  prore  this 


Bnt^  tinluckily  for  the  prosecutor,  this  fact 
happens  to  be  contradictetl  by  every  part  of  tha 
evidence. 

In  the  Brit  place,  it  appears,  from  the  oath  of 
John  Beg  Maccombich,  **  That  it  was  known 
over  the  whole  country,  that  Glenure  was  to 
have  been  that  evening  ai  Kintaltine,  which 
lies  on  this  side  the  ferry  of  Ballachelish  ;'* 
and  therefore,  if  the  pannePs  intention  had 
been  to  watch  Glenure*s  motions,  it  is  natural 
to  ask,  what  good  reason  there  could  be  to 
order  his  servant  to  cross  the  ferry,  and  go  on 
to  Fort-VVilliam,  when,  by  waiting  at  the  ferry, 
be  was  an  re  to  get  inteUigence  of  Glenure*9 
motions? 

2dly,  The  fact  is  contradicted  by  the  depoii* 
tions  of  Fergus  Kennedy  and  John  Mackenzie, 
two  witnesses  also  adduced  for  tbe  prosecutor, 
who  concur  in  deposing,  *^  That  John  MaccoU 
met  Glenure  and  his  company  in  their  way 
southward,  about  three  miles  from  Fort-Wil- 
liam.'^— 1/  his  errand  had  been  to  watch  and 
give  intelligence  concerning  G!eniire*s  motions, 
he  would  have  certainly  returned  immediately, 
and  have  given  iotelhgeoce  accordingly.  But, 
instead  of  this,  it  appears,  from  the  depositions 
of  these  witnesses,  compared  with  the  oaths  of 
William  Stewart  and  his  wife,  that  John  Mac- 
coll  did  not  return,  but  went  on  toForl^William  ; 
which  is  utterly  mconsistcnt  with  what  tbe 
pruf^K!Utor  supposes. 

And  lastly^  this  circumstance  is  flatly  con- 
tradicted by  theoathof  John  Beg  Maccofl  him* 
self,  who  expressly  deposes,  ^*  That,  when  he 
went  to  Fort-WilUam  with  the  above  letter  io 
Charles  Stewart,  the  notary,  he  had  no  orders 
from  bis  master  to  em|uire  after  the  motions  of 
Glenure,  or  to  acciuaint  nny  bmly  thereof;  but 
had  been  sent  to  Fort-Wttham,  iu  order  to  bring 
a  notary  from  ihence,  to  take  a  protest  against 
Glenure  upon  the  day  foltowiog  :'^  and  as  that 


part  of  his  evidence  is  confirmed  by  the  n&u- 
nel's  letter  to  Charles  Stewart,  produced  by 
the  prosecutor ;    so  the  remarkable  haste  with 


which  John  Beg  Maccoll  went  to  and  returned 
from  Fort- William,  clearly  shews,  that  it  wfta 
no  sham  errand,  but  that  the  pannel's  real  in* 
tention  was  to  proceed  in  a  l^^l  way,  by 
taking  a  protest  against  Glenure,  in  case  be 
should  attempt  to  execute  the  ejection. 

The  next  circumstance  chained  in  the  ]il>el 
ia,  That  when  John  Mackenzie  informed  the 
pannel  of  the  murder,  he  appeared  no  waya 
coocernetl  nor  surprised  ;  and  that  neither  he, 
nor  his  family,  went  to  look  afier  the  dead 
body. 

But  as  this  circomstanoe  is  extremely  tnflingi 
so  the  first  part  of  it  is  clearly  disproved  by 
the  osth  of  John  I^Iackenzie,  Gfenurc^s  servant, 
who  deposes,  *'  That  immediately  atler  the 
murder,  he  went  to  Jameti  Stewart's  hou5«  iu 
Duror;  and  James  seeing  him  weeping,  ask e<l 
what  the  matter  was  ?  and  the  deponent  told 
him,  his  master  was  kilted  i  whereuiHin  Jamea 
Stewart  aaked  him,  by  wbom»  and  how  it  waa 
doueP  To  which  be,  tbe  depooHit  aniwere4» 
tbat  be  did  not  know  by  wboin  £  amt  belieroit 


231]  25  GEORGE  11. 

It  to  be  a  shot  from  a  gran  or  pistol.*'  And 
further  deposes,  **  That  when  he  satr  the  pan- 
nel  at  his  house  in  Aucharn,  as  aforesaid,  the 
pann^l  H-riinj;  his  hands,  expressed  great  con- 
cern at  what  had  happened,  as  what  mij^ht 
bring  inn«»ccnt  people  ti»  trouble,  and  prayed 
that  innocent  people  might  not  be  brought  to 
trouble."  And,  to  the  same  purpose,  the  said 
John  Beg  Maccoll  deposes,  '*  That,  when  John 
Mackenzie  informed  the  pannel  of  the  murder, 
he  said,  It  was  a  dreadful  accident,  and  he 
was  afraid  it  might  bring  trouble  on  the 
country  ;  and  appeared  sorry  tor  what  bad 
happened.*' 

It  is  indeed  trne,  that  the  same  witness 
has  deposed,  **  That  neither  the  pannel,  nor  any 
of  his  family,  went  near  the  dead  body :"  but 
as  this  IS  a  circumstance  of  no  manner  of 
weiglit ;  so  the  witness  has  accounted  for  it  in 
a  Tery  natural  way,  viz.  That  as  the  deceased 
and  the  ]>aimel  had  not  been  in  good  terms 
together,  the  pannel  did  not  chnse  to  go  to  the 
place  where  the  hotly  lay ;  and  more  espe- 
cially as  he  knew  that  some  of  those  who  were 
to  meet  Gleoure  had  arms,  and  it  was  impossible 
to  know /what  unreasonable  lengths  their  re- 
sentment might  carry  them :  at  any  rate,  it 
shews  bow  much  the  prosecutors  are  pinched 
in  point  of  argument,  when  they  are  obliged  to 
found  upon  it,  as  a  circumstance  agpiinst  the 
pannel,  that  he  did  not  go  from  his  own  house, 
which  is  about  two  miles  distant  from  the  place 
where  the  murder  was  committed,  merely  to 
assist  at  the  funeral  of  a  person  to  whom  be  was 
DO-way  related. 

Theftfth  article  charged  in  the  libel  is,ThA, 
tipon  the  second  day  atUr  the  murder,  the 
pannel  had  sent  five  guineas  by  the  nackman  to 
Allan  Breck,  in  order  to  enable  bim  to  make 
bis  escape.  As  to  which,  gentlemen,  I  do  ad- 
mit, that,  if  at  this  time  the  pannel  had  been  in 
theknowlc<lge  that  Allan  Breck  was  the  mur- 
derer of  Glenure,  his  furnishing  him  with  mo- 
ne^  in  order  to  enable  him  to  mako  his  escape, 
might  have  been  considered  as  an  offence  de- 
serving punishment.  At  the  same  time,  how- 
ever wrong  this  would  have  been,  it  might  have 
admitted  of  an  excuse,  from  the  connexion  and 
relation  which  the  pannel  had  to  Allan  Breck. 
And  it  is  now  proved,  by  the  concurring  testimo- 
nies of  two  witnesses,  that  the  pannel  had  been 
left  his  tutor ;  and  therefore  it  is  much  doubt- 
ed, how  far  the  pannel's  sending  money  to  Al- 
lan Rreck,  though  be  had  known  him  to  be  the 
murderer,  would  have  been  punishable. 

But  however  the  law  might  have  stood  upon 
that  supposition,  it  will  not  apply  to  the  present 
case.  The  pannel  denies  he  knew  any  thing 
of  Breck's  being  the  murderer :  and  as  he  was 
well  acquainted  with  bis  particular  circum- 
stances, of  which  he  has  now  brought  full  evi- 
dence,  by  the  concurring  testimonies  of  many 
witnesses,  that  he  bad  been  first  a  deserter,  next 
a  rebel,  and  was  then  in  the  French  service ;  1 
conceive  it  was  noways  criaiiiial  in  the  pannel 
to  advance  this  trifling  sam,  in  order  to  eoa- 
JMf  bim  to  make  hit  ctcape :   h  wu  ddng  no 


Trial  of  James  Stewart^ 


[sse 


more  than  what  any  good-natured  man  would 
have  done  to  his  friend  in  the  like  circum- 
stances :  and  hard  will  be  the  case  of  the  pan- 
nel, if  he  should  be  condemned  merely  fordoing 
a  good-natured  deed,  which  had  nothmg  crimi- 
nal in  it ;  more  especially  as  he  had  reason  to 
believe  the  message  which  was  sent  him  from 
Allan  Breck,  importing,  that  he  had  no  acces* 
sion  to  the  murder,  but  judged  it  prudent  for 
him  to  leave  the  country,  in  respect  of  his  par- 
ticular circumstances,  explained  as  above. 

And  inileed  bis  majesty's  advocate  does  not 
seem  to  lay  much  stress  upon  this  cnrcimistance 
by  itself:  but  then  be  has  attempted  to  rear  up 
certain  arguments,  tending  to  shew  that  the 
sending  of  this  money  must  have  been  in  con- 
sequence of  a  previous  concert  with  Breck. 
And,  in  the  first  place,  it  has  been  said,  that  the 
pannel  could  not  have  known  to  have  sent  the 
money  to  Roalisnacoan,  if  it  had  not  been  ia 
consequence  of  such  previous  concert. 

But,  with  submission,  there  is  a  very  satisfy- 
ing answer  to  this  objection,  viz.  That  upon  too 
day  after  the  murder,  the  pannel  had  received 
a  message  from  Allan  Breck,  informing  hhil 
where  he  was,  and  desiring  him  to  send  whit 
money  he  could  spare,  to  enable  him  to  make 
his  escape.  This  is  distinctly  proved  by  the 
concurring  testimonies  of  no  less  than  four  wit* 
nesses,  whose  depositions,  as  they  connect  with 
one  another,  fall  now  to  be  attentively  con- 
sidered. 

Katharine  Macinnes  deposes,  <'  That,  in  the 
eveninc^ofthe  Uth  of  May  last,  the  dq[NmeBt 
saw  Allan  Breck  Stewart  at  a  goat4ioiue  in  the 
moor  of  Ballachelish,  afler  Glenure  was  killed : 
that  Allan  Breck  then  asked  her,  what  was.tbe 
occasion  of  tlit-^  stir  in  the  town  ?  and  that  aho 
told  him,  Glenure  was  murdered  :  and  farther 
asked  her,  who  might  have  committed  the 
murder?  and  that  she  told  him,  she  did  nol 
know :  and  that  the  said  Allan  further  deairid 
the  deponent  to  tell  Donald  Stewart  in  Balla- 
chelish  to  go  to  the  pannel,  and  desire  him  It 
send  the  said  Allan  money :  and  that  she  d^ 
livered  this  message  to  Donald  Stewart  that 
same  night ;  and  that  she  told  the  said  DooaM 
Stewart  where  she  saw  Allan  Breck." 

And  Donald  Stewart,  the  next  witnest,  d^ 
poses,  <'  That,  upon  the  evening  of  Thursday 
the  14th  of  May  last,  about  night-fall,  Katba* 
rine  Macinnes  came  to  the  deponent,  and  toM 
him,  that  one  without  wanted  to  speak  to  himi 
that  this  message  came  to  him  in  Balhicheliih^ 
own  house :  that,  when  he  went  out,  the  nid 
Katharine  Macinnes  told  him,  that  it  was  Allan 
Breck  that  wanted  him,  and  that  be  was  a  little 
above  the  house  in  the  brae :  that  the  dtponeol 
went  up  to  the  brae,  and  met  Allan  Brew^  who 
was  then  dressed  in  a  great  coat,  and  a  dark 
short  coat  under  it,  with  white  metal  buttom: 
the  deponent  told  him  of  the  marder,  and  said, 
it  could  not  be  but  that  he,  Allan  Breck,  wap 
about  it :  to  which  Allan  Breck  answered,  that 
he  had  heard  of  the  marder,  bat  had  no  hand 
in  it :  to  which  the  deponent  reptU,  he  ihi 
■ot  bdiefe  bim:   that  the  aaid  AU«n  "^ 


I  SB] 


Jiif  Murder, 

I  lo!d  the  Jcponent,  he  was  going  iniine- 

lA  Itavc  tlie  kirr^doin,  was  very  scarce 

:  tUeii  for  KoaUijuacoani 

It  to  acquaint  ihe  pannel^ 

m  mtiW  to  koalisndooan,  aud  desire 

IfmmWe  to  aenU  hitn  money  there  ;  aoil 

nrtit  ihtfti  promised  to  acqunuit  J.imes 

of   Ib^  abore   mci^satre  :    that   Allan 

he  bcUef4'd  lie  would   be  siispecteil 

If  tbe  Munier  -,   and  upon  tliat  accouiili  and  an 

bt  WM»  a  dtf*L'rter  Jurmeily  from  the  arniy^  it 

vaa  iMremry  for  hiftt  to  lejixt  the  khi^dum  : 

aft**-  '••-    'uiTersation  wiib  the  paunel 

re,  he  Uelif  ered   the  above 

Cc  1,^1^  .x.aii  Breck  to  the  pannel  j    and 

bi»el  did  tiot  say  whether  or  Qot  he 

I  IIm"  iDoney  ;   and  this  conversation 

about  tpii  o'clock  in  the  t'oreooon  of 

«  t^tli  of  May  last;    and   that  there 

Fms  ttiliiiljr  |ittf»ent/*     And   further  deposes, 

1  "  Tb^V  9yon  the   deponent's   delivering  the 

r  from  AlUn  lireck  to  the  pannel, 

llie p«ftiict  aalEtd  why  AUosi  Breck  himself  did 

I    Tity,   if  he   wanted  it?    To 

I,  to  the  best  of  his  remem- 

rrjjiiL^i,  lutii  Allan  Brtfck  told  him,  he 

f  hf  0ii<|ie€ted  Ibr  the  murdpr,  and  was  a 

'■ '*  "  jninoelunsweredi  That 

1 4 reck  was  not  guilty  of 

- — uif  the  above  coDversa- 

itb  the  ^nnel,  Alexander  fe^tewart^  Dun- 

•tfimcli»  avid  several  other  possessors 

"  iruch,  were  in  the  adjoining  field 

ban  at  such  a  distance,  that  the  depo- 

^aumol  llitok  they  could  hear  the  above 

I  Uir  depositions  of  these  two  wituesse<?, 
I  c^tttkfct  exucily  toqctlier,  it  is  disfinctly 

Ci'm  what  ttmniier  the:  pannel  came  to  the 
lerfff^   of   the  pface  where  Allan   Breck 
|MMi)ietr  deposition*)  are  further  supported 
•tiioo  of  John  Stewart  yoimger  of 

sb,   who  deposes,   *' That,   the  day 

Ari^  munler^  the  deponeot  wa»  a*  the  pan- 
■it>  ^»0f ,  who,  alter  twelve  oVIofk  of  the 
4rf,  My  Ibe  depiriHif,  that  he  had  a  messajfe 
nk  BMmiiog  from  Allan  Breck  by  Donald 
INiwt,  U»  aend  hint  money  ;  but  does  not  re- 
■mfor  wlieihtr  the  uanuel  told  him  the  place 
«4««  br  was  Hifccted  to  ^letid  it ;  and  the  pan* 
lal  laid  liic  drpotieot,  that  he  was  resolved  to 
M«l  bin  Qioiiey." 

A#d  «ko    by  the  depoattion  of  Alexander 
4k«ifi    in     AiichindatTi»ch,    who    deposes, 
L^fbai,  loibe  best  of  him  knowledge,  be  saw 
I9l9win  tu  Ballarhf'lixh  and  the  pannel 
,  np9ti  the  «iar«  lii*t*  between  Aueham 
biiMlfl rr^^v  "•  ''*»  trioruin(i  of  the  15tb 

I  Mid  un^elf  un*f  at  the  time 
grOQiiu        .  ..ii'  other  tenants  of  the 

i  leftme^  gfiitteutan  on  the  other  side  has 

f^Wiaed  t^  (ixctpt  n^niiiiit  thin  part  of  the 

llkat  ibr  two  uiittcr»at  witnesses  are 

I  with  thr  fatoiiy  of  Ballacheli«h  ; 

m  of  tlie  facU,  they  are  single 

I I  ii4  UiM  iiiey  do  out  entirely  agree 


A,  D.  1752.  [»SI 

a£  to  the  Import  of  the  message  sent  to  Doiuilit 
Stewart  by  Allan  Breck. 

J  must  acknowledge,  I  am  under  no  amatl 
difiicuTty  to  tind  out  any  foundation  for  the  first 
part  of  the  objection.  U  is  neither  pretendett 
nor  proved,  that  Halfachelish  is  at  all  related  to 
ihe  pannel ;  and  as  it  cannot  be  said  that  any 
valid  objection  could  have  been  made  againiit 
Batlachelish  himself,  if  he  had  been  produced 
as  a  witness  for  the  paonel,  far  less  does  any 
objection  lie  aq^ainst  the  son-in-law  or  servant 
<d  Ballachclish,  ujion  account  of  his  betnj^  in 
the  interest  of  the  pannel,  of  whicb»  howevet, 
of>  sort  of  evidence  has  been  brought.  And  as 
to  the  second  part  of  the  objection,  that  there 
are  not  two  witnesies  concurring*  a«  to  the 
wliole  of  the  facts  relative  to  the  message  sent 
by  Allan  Breck  to  Donald  Stewart ; — the 
learned  gentleman  would  do  well  to  observe, 
bow  much  of  his  own  proof  is  founded  only 
upon  siagle  testimony  ;  anil  then  let  biiu  shew 
cause,  why  his  packman  ond  bouman,  though 
siogle  wlfnesseS}  should  be  credited^  and  the 
like  indulgence  should  not  be  given  to  the 
pannel. 

At  the  sarae  time  it  must  be  ob«erTed»  that 
the  two  witnesses  who  have  deposed  with  re- 
gard to  this  message,  are  not  single  ;  they  con- 
cur as  to  the  material  part,  that  Allan  Breck 
had  sent  a  message  to  the  pannel,  desiring  him 
to  send  him  a  present  supply  :  and  though  the 
two  witnesses  differ  with  regard  (o  the  precise 
words  used  by  the  maid  in  delivering  Allan 
Breck's  message  to  Donald  Stewart ;  yet,  aa 
they  agree  in  every  material  ctrcujnstance,  no 
regard  ought  to  be  had  to  IriHiog  rariationa ; 
and  it  is  believed  the  gentleman  on  the  other 
side  will  admit,  that  the  objection  would  hare 
been  full  as  stron^f  (if  not  stronger,)  if  the  twa 
witnesses  had  both  used  the  same  words. 

And  lastly.  As  to  the  obfterration  that  tbe 
witnesses  differ  among  tbemselves,  as  to  the 
precise  hour  when  the  packman  arrived  at 
Fort  %Villiam,  and  demanded  the  money  trom 
Williaoa  Stewart,  it  is  noways  surprising,  that, 
at  so  great  a  distance  of  time,  wituesses  should 
not  be  altogether  exact  as  to  hours  and  minutes. 
What  appears  most  probable  is,  that  William 
Btewart  and  his  wife  have  both  mistaken  the 
hour,  as,  from  their  oaths,  neither  of  them 
seem  to  be  positive  with  regard  to  that  inatter : 
and  Stewart  the  packman  seems  to  hare  been 
more  attentive  to  thb  particular,  since  he  not 
only  swears  a.<i  to  the  time  when  he  received 
hit  message  from  the  pannel,  which  he  says 
was  about  12  at  noon,  but  also  as  to  the  time 
when  he  delivered  it  to  William  Siewartp 
which »  as  the  packman  says,  was  early  in  Ihe 
evening :  and  as  this  agrees  entirely  with  the 
account  which  Donald  Stewart  gives  of  the 
matter,  when  be  says,  •*  That  he  dehvered 
Allan  Breck*s  message  to  the  pannel  about  10 
o'clock  forenoon  ;*'  so  it  is  plam  there  could  be 
no  concert  betwixt  these  two,  not  only  as  Do- 
nald Stewart  is  above  alt  suspicion  of  that  kind, 
but  also  as  the  packmau  has  been  kept  under 
cluse  coafioemetit  by  Ihe  piroMCUtori  and  bad 


235] 


25  G£ORGE  IL 


'Trial  of  James  Sietoartf 


[SS6 


no  opportunity  of  coDTentn^r  with  Donald 
Stewart  from  the  time  of  the  murder  till  he 
was  produced  as  a  witness :  and  I  cannot  help 
thinking^,  that  it  would  sound  strangely  to  say, 
that  the  prosecutors  should  be  allowed  to  give 
credit  to  this  packman  where  he  swears  fur 
them,  and,  at  the  same  time,  to  reject  his  testi- 
mony where  it  happens  to'make  a^nst  them. 

The  prosecutor  nas  been  pleased  te-lav  great 
stress  upon  the  oath  of  John  Breck  Blaccull, 
bouman ;  and  in  particular  upon  that  part  of  it, 
where  he  says,  that  Allan  Breck  had  desired 
him  to  go  into  Fort  William  with  a  letter  to 
William  Stewart,  in  case  some  money  did  not 
come  to  him  before  next  morning ;  and  this,  it 
has  been  said,  agrees  exactly  with  the  mes- 
sage sent  by  the  pannel  to  William  Stewart, 
desiring  him  to  give  credit  in  S/.  sterling  to 
John  Breck  MaccoM,  bouman  in  Koalisnacoan, 
in  case  he  came  to  demand  it ;  and  it  is  pre- 
tended, that  this  is  a  clear  proof  of  a  prirate 
concert  betwixt  the  pannel  and  Allan  Breck, 
settling  the  manner  in  which  he  was  to  be  sup- 
plied with  money. 

But  as  the  whole  of  this  argument  is  founded 
upon  the  oath  of  the  bouman,  deposing  to  a 
long  romantic  story,  in  which  he  is  altogether 
nosupported,  I  am  entitled  in  law  to  plead,  that 
bis  oath  is  not  to  be  held  as  le^l  evidence 
against  the  pannel ;  more  especially  as  it  ap- 
pears, from  what  has  been  already  said,  that 
his  evidence  is  disproved  in  one  very  material 
article,  in  which  he  deposes  to  a  very  strong 
expression,  as  applied  bj^  the  pannel  against 
Glenure,  at  a  time  when  it  is  proved  they  were 
in  perfect  friendship  together. 

Sdly,  The  oath  of  the  packman,  relative  to 
this  article^  is  as  little  to  be  relied  on ;  for, 
though  he  has  now  ileposed,  that  the  pannel 
had  desired  him  to  tell  William  Stewart,  not 
only  to  send  him  5l.  but  also  to  give  credit  for 
the  like  sum  to  John  Breck  MaccoU  in  Koalis- 
nacoan, in  case  he  came  to  demand  it ;  yet  it  is 
remarkable,  that,  in  the  libel,  which  it  must  be 
preaumed  was  taken  from  his  own  mouth,  no 
mention  is  made  of  the  5/.  for  which  credit  wu 
to  bNB  given  to  the  bouman ;  and  therefore  this 
must  nave  been  a  new  discovery  made  1^  the 
packman  since  printing  the  libel.  And  it  it 
further  remarkable,  that  this  part  of  the  pack^ 
man's  evidence  is  contradicted  by  the  oath  of 
William  Stewart,  who  expreasly  deposes,  that, 
at  the  time  when  the  packman  delivered  his 
message  from  the  pannel,  no  mention  was 
made  of  the  name  of  Allan  Breek ;  and  there- 
fore no  argument  can  be  drawn  from  any  thing 
either  the  paoknan  or  bouman  have  said  upon 
this  matter. 

But,  Stio,  soppoaing  all  the  bouman  has  said 
to  be  true,  viz.  That  Allan  Breck  had  desired 
him  to  carry  a  letter  to  William  Stewart,  it  will 
■ot  follow,  that  he  and  the  pannel  were  under 
«ny  previous  concert  relative  to  that  matter; 
for  as  Allan  Breck  was  aoqaaintcd  with  William 
Stewart,  and  as  nearly  related  V>  hin  as  he  was 
lo  the  pannel,  it  was  natural  for  fain  to  have 
to  William  Siewwt  10  aupply  him  ID 
1 


his  necessity  ;  and  therefore  his  doing  so  will 
not  prove  that  it  was  done  upon  any  prevMua 
concert  with  the  pannel.  From  the  commis- 
sion Allan  Breck  had  given  to  Donald  Stewart 
upon  the  Thursday  evening,  he  had  reason  to 
expect  that  the  pannel  would  have  sent  him  a 
supply  with  the  first  opportunity ;  and  as  that 
had  not  happened,  it  was  natural  for  him  to 
apply  to  William  Stewart,  who  was  his  ae- 
quaintonce,  and  as  nearly  related  to  him  as  tha 
pannel. 

The  learned  gentleman  has  been  pleased 
also  to  found  upon  the  |>06tscript  subjouied  to 
the  panuePs  letter  of  the  14th  of  Mayt  to 
Charles  Stewart ;  in  which  he  desires,  "That 
William^  may  send  immediately  Si.  aterliufi 
to  pay  lor  four  milk  cows  he  had  bought  tor 
his  use  at  Ardshiet :"  from  which  it  is  inlemdi 
that,  before  the  murder,  the  pannel  was  pr^ 
paring  money  to  give  Allan  Breck,  in  order  to 
enable  him  to  m&e  his  escape.  But  as  that 
letter  and  postscript  do  not  mention  the  nana 
of  Allan  Breck,  nor  to  what  purpose  the  mooej 
was  intended  to  be  applied,  the  observation  doep 
not  deserve  any  answer ;  though  at  the  saiM 
time  it  clearly  proves,  that  the  most  innoecBt 
circumstances  have  been  laid  hold  of,  ani 
reared  up  into  argumente  against  the  panncL  . 

Thus  it  appears,  that  no  argument  can  bt 
drawn  from  the  droumstanoe  of  the  papneTi 
sending  money  to  Allan  Breck ;  as  it  is  nal 
proved,  that  the  pannel  then  knew  that  the 
murder  had  been  committed  by  him-;  and  far 
less  is  it  proved,  that  there  had  been  any  pn- 
vious  concert  betwixt  them  concerning  tbf 
sending  of  that  money  before  the  murder  wap 
committed.  And  indeed,  gentlemen,  it  ap- 
pears to  me,  that  the  circumstonces  which  at- 
tended the  sending  of  this  money,  and  in  parti- 
cohur  the  difficulty  there  was  in  obtaining  il. 
cannot  fail  to  convince  every  unprejudiced  IM> 
son,  that  this  horrid  murder  had  not  (eei 
committed  in  consequence  of  any  previooa  can* 
cert  betwixt  the  pannel  and  Allan  Breck  ;  for, 
if  that  had  been  the  case,  it  is  impossible  to  be- 
lieve, that  the  money  would  not  have  bean 
more  early  provided.  It  behoved  to  occur  tp 
both  parties,  that  money  would  be  necaBsary  to 
enable  the  murderer  to  make  his  escape ;  u4 
as  it  clearly  appears,  that  neither  the  one  Mr 
the  other  wu  in  cash  upon  Monday  the  lltk^ . 
when  the  time  and  manner  of  committing  thf 
murder  is  supposed  to  have  been  concerted,  it 
is  impossible,  that  this  important  matter  of  pm* 
viding  the  money  would  not  have  been  instants 
ly  set  about,  or  that  it  would  have  been  debiyei 
till  the  hour  when  the  execrable  act  wai  to  bo 
committed. 

The  learned  gentleman  has  been  plcoMf 
also  to  lay  weight  upon  another  cucumatanoa^ 
viz.  That,  some  days  after  the  murder,  twp 
guns  were  found  concealed  near  the  panoePi 
house,  one  of  them  loaded,  and  the  other  OB? 
loaded :  and  it  has  been  insinuated^  as  if  tho 

I  unloaded  gun  wa^  that,  wi|h  whicl|  AVob 
Breck  committed  tbo  imirder. ..  B«^  thia^SHir 
cttinataiioe  ii  raolly  ao  trifling,  that  it 


yiiT  Murder, 

ftDSWir.  ft  is  Wfilt  known, 
.  of  Ibe  coiiDlry  where  tfie  pannel 
*~^  tbeDifirniingAci  ;  and  lliere' 
lyu  inrpmin^,  tlmt  the  g'utis 
I  atnj  llmt  orders  were  ^if  cu  lo 
iinr  when  it  m»s  rnreseeD,  th»l 
I  U>  he  ruftile  by  the  military  ; 
^ oftlie giinff  wag  unloaded, It  is 
'.  urim Agination,  Troin  th<!hce  to 
^^JeDC«,  I  hit  thifi  WAS  the  gua 
amrder  wis  committed. 
iff  from  the  oailis  of  John 
siigml  MaccoHi,  both  witaesaet 
k  tti«  prn««culor,  that  the  little  gun, 
ifbuttil  unhmded,  was  in  such  tdt- 
rnl  Itie  lime  when  the  murder 
'  tbftl  if  if  impossilde  it  could  hare 
the  tiead  of  any  morial  to  use 
ime  supposed  by  tlie  prosecutor. 
klldeoMes,  «'That  be,  the  depo- 
^  iU  aoout  guDs ;  but  heard  Atlan 
I  Stewart  the  pannePs  80n>  eom- 
t  ibst  the  guns  were  in  bad 


A.  D.  175S. 


[238 


I  depose,  **  That  neither  of 
f  in  ipood  order ;  that  the  targe  or 
~"  m  u«e,  when  goitjgr  to  he 
al  half*  cock;  and  that  the 
t  in  mm  to  ftiap  or  miss  ftre :  that 
a&  old  worn  flint  in  it,  and 
thi9  flint  in  the  taid  gun, 
m  WM  ia  use  to  aee  it  sUnd  at  the  end 
prnd  10  ahore;  but  did  not  obsrrre 
r  il  lUul  m  Hint  or  not,  when  he  took  it 
^tli«  ffjriiel ;  that  he  knows  no  fault 
I  nttle  pun  had,  but  its  being  in 
t^  mnd  thut  the  lock  was  on  the 
twhid  it  on  the  Friday  erening : 
'  carri^  it  out  odc  morning, 
miiffaTe  with  him  thrice  at  a 
d  be  sbot  with  it  the  fourth  time^ 

r,  captain  IHvid  Cha- 

tCaoapbell  concur  io  deposiogi 

;•  glut,  ai  the  time  when  it  was 

:K  bad  order,  that,  for  want  of 

)  lock  waa  tied  to  llic  stock  by 

tbetttfbrep  tipon  the  wljole,  I 

» judge,  how  far  it  is  poftsihli^ 

I  order  would  hare  been  used 

I  aUDpooed  by  the  prosecutor ;  or 

alieto  carried  back  ao  quickly, 

MBi  to  the  pannH's  housie  at' a 

'  pmon  was  on  the  waloh  en- 

I  Qtirdcr. 

of  no  tmportsncef  that   neither 

'  Douirat  Maccoft  siiw  this  gun,  at 

kV  uid  upon  the 

f  ipf  these  two 

^  il  for  itf  so  they 

|iltri>-  illan  Stewart,  the 

,kaJ  iIhiu  tuhi  liKrn,tli!it  he  hnd  hid 

el ;"  and  a*  they  atxoriim^jfy 

h  the  day  hiUowing^  it  re- 

III  bf  auspicioo,  %vhich  might 

fr»m  tho  drcuuiMancf,  tnat 

hid  witli  tht  r^t  of  ibe  arms 


I  on  the  Tborsday  evening.  At  the  some  timo 
the  pannel  must  beg  leave  to  say,  that  it  wouhl 
rei^uire  some  explanation  how  it  has  hapjNfof^, 
that  the  lock  of  this  little  gun  comes  to  be  now 
inissiog,  wbeo  such  care  has  been  taken  to  pre- 
serve every  other  particular,  which  could  pos- 
sibly furnish  any  hmidle  for  an  ai^umeut 
against  the  pannel.  A  good  deal  of  weight  has 
been  also  laid  upon  another  circumstance  of  the 
like  nature  with  the  former,  viz.  That,  ujion  tho 
day  after  the  murder,  Allan  B reek's  okithe* 
were  hid,  in  consequence  of  an  order  by  tko 
pannet^s  wife  t  but  as  it  is  not  easy  to  figure 
how  an  order  given  b^  the  panners  wife  should 
bate  any  effect  against  the  paunel ;  so  it  is 
humbly  thought  that  this  circumstance  may  be 
easily  accounted  for.— It  was  foreseen,  that  ai 
Allan  Breek  was  about  to  leave  the  country, 
he  would  be  immediately  suspected  as  guilty 
oftlie  murder ;  and,  as  there  was  great  reason 
lo  helieie  that  a  search  wouUl  b«  forthwith 
rnade  in  erery  place  where  Breck  was  in  use  to 
visit,  it  was  natural  tor  the  pan  net's  wife  tu 
put  his  ctothes  out  ol'  the  way,  that  they 
might  uot  be  the  ocoasioo  of  suspicion  against 
the  pannel  or  his  family. 

His  majesty  ■  s  ailvocate  was  pleased  to  found 
upon  the  oath  of  John  ftlaccoll,  bouman,  who 
defMises,  **  That  Alko  Breck  bad  said  to  him, 
that  the  ttpprehendini^  of  Uie  pannel  and  his 
son  would  not  signity  much  ;  but  express^ 
some  cN>ncern,  lest  Allan  Htewart,  son  to  tbe 
pannel,  might  be  betrayed  by  his  own  tongue.** 
But  as  the  bouman  is  only  here  deposing  to  so 
exi»res9Jon  of  Allan  Breck*s,  when  be  was  en* 
deavouring  to  free  himself  from  suspicion  ;  as 
tlie  bouman  is  at  best  only  a  single  witness ; 
and  as  the  expression  supposed  to  have  been 
ufwl  by  Allan  Breck  does  not  imply,  that 
either  the  pannel,  or  his  bod,  had  been  guittj 
of  the  murder  ;  this  circumstanee,  supposing 
it  true,  ought  not  to  be  regardt^l. 

And  here  1  cannot  omit  putting  you  in  mind 
of  one  circumstance  deposed  by  Alexaoder 
Stewart  the  packman,  which  shews  pretty 
clearly,  that  no  regard  ought  lo  be  had  to  the 
oath  of  the  boum^tu;  and  b<^ides  it  ia  single, 
and  not  supporttid  by  other  rvidencew  The 
packman  de()oses,  **  'fhat  the  bouman  bad  de^ 
sired  him  to  conceal  bis  carrying  the  clothes 
and  money  to  KoatJsnnroan  -,  told  him  that  be 
could  not  nrofc  it  agninst  him ;  and  that  he 
could  safely  depose  he  did  not  d(>liver  the 
clothes  to  him,  since  he  only  pointed  out  where 
they  were.^'  1  leate  to  you,  gentlemen,  to 
judge,  what  credit  oaa  be  given  to  a  whttlwi 
whose  principles  were  such,  as  to  suppose  that 
perjury  might  be  avoided  by  so  poor  an  evasion. 

It  has  been  also  said,  *'  That  the  panners 
wife,  his  two  son^«  and  his  daughter,  have,  in 
some  things,  contradicted  eucli  other,  in  tlia 
d^cl.imtions  made  by  ibem  aereraily  at  Fort* 

'fhtr  pante'  L  help  thinking  it  hard, 

thai  extiAJni  nitiotiB  made  by  his  owo 

family  ahouiii  mnti  iweit  received  as  erid 
uguinst  him ;    more  etpeeiaHy  as  it  has 


239]  25  GEORGE  IL 

bitherCo  held  to  be  an  established  principle  in 
•ar  law,  not  only  thateitrajudicial  declarations 
by  third  parlies  cannot  be  taken,  or  received  as 
evidence  a^nst  any  pannel,  but  also  that  those 
^ho  stand  in  the  relation  of  wife  or  children  lo 
(he  pannel,  cannot  be  received  as  witnesses 
•gainst  him. 

However,  as  these  declarations  have  been  al- 
lowed to  be  read  in  conrt,  though  objected  to 
by  the  counsel  for  the  pannel,  he  must  ac- 
qaiesoe  in  the  judgment  given ;  but,  at  the 
■ame  time,  I  am  fully  persuaded,  that,  upon 
perusing  these  declarations,  the  jury  will  be  of 
opinion,  that  the  differences  (if  there  are  any) 
are  so  trifling,  that  they  can  have  no  weight 
against  the  pannel :  andi  though  it  should  be 
supposed  that  the  wife  or  dau^ter  of  the  pan- 
nel, from  a  mistaken  notion  ot  duty  to  a  parent 
and  husband,  who  had  been  always  indulgent 
to  them,  have  endeavoured  to  conceal  that 
Allan  Breck  went  from  the  pannePs  house  on 
Tuesday  morning,  dressed  in  a  coat  belonging 
to  the  pannel ;  yet,  as  it  has  been  demonstrated, 
it  is  hoped  to  your  conviction,  that  there  is  no 
sort  of  relevancy  in  this  circumstance,  it  can 
have  no  other  effect,  but  to  shew  how  ex- 
tremely improper  it  is,  that  so  near  relations 
should  be  examined  against  any  man  upon 
trial ;  but  can  never  be  used  as  an  argument 
against  the  pannel.  On  the  contrary,  gentle- 
men, I  cannot  help  thinking,  that  these  decla- 
rations afford  a  very  strong  argument  for  the 
pannel ;  for  as  no  less  than  sixteen  different 
declarations  appear  to  have  been  taken  from 
tlie  |iannel  himself,  his  wife,  and  children,  (one 
of  his  sons  having  been  examined  no  less  tban 
five  different  times)  it  is  really  surprising  that 
so  great  a  number  of  declarations,  signed  by 
different  parties,  all  relative  to  the  same  matter, 
should  agree  so  exactly  together ;  and,  as  all  the 
attention  of  the  prosecutor  has  not  been  able  to 
draw  from  these  declarations  any  thing  which 
can  fix  the  most  distant  suspicion  of  guilt 
against  the  pannel,  it  tends  strongly  to  fortify 
the  legal  presnmption  of  bis  innooeuce. 

As  to  the  letter  wrote  by  the  pannel  to  John 
Macfarlane,  referred  to  in  the  libel,  I  am  still 
at  a  loss  to  discover  what  argument  can  be 
drawn  from  it ;  for  as  that  letter  (which  was 
wrote  soon  after  the  murder,  and  before  any 
advertisement  had  been  published  by  the  friends 
of  the  deceased  for  apprehending  Allan  Breck) 
contains  an  exact  descriiitioii  of  Breck's  person 
and  dress,  and  also  of  the  phu;e  where  he  was 
roost  likely  to  be  found,  it  rather  proves  fur, 
than  against  the  pannel ;  and  it  was  but  natural, 
at  this  period,  lor  the  pannel  to  express  an 
anxiety  to  have  Allan  Breck  apprehended ;  as 
it  appears  from  the  proof,  that  before  this  time 
it  was  the  common  report  of  the  country,  that 
the  murder  had  bera  committed  by  AlUn 
Breck ;  and  therefore  it  behoved  naturally  to 
occur  to  the  pannel,  that  tlie  easiest  and  shortest 
wsT  to  obtain  bis  own  liberty,  was  to  find  out 
and  secure  the  person  by  whom  the  murder 
was  supposed  to  nave  been  eommitted. 
The  learned  gentleman  on  tbe  othor  side 


Trial  df  James  Stewart^ 


[S40 


still  insists,  that  it  is  not  proved,  that  any  other 
person,  besides  the  pannel,  had  any  quarrel  or 
resentment  against  the  deceased ;  and  it  has 
been  further  said,  <«  That  if  Allan  Breck  was 
the  actor  in  the  ronrder,  he  was  only  revenging 
the  quarrel  of  the  pannel." 

But  the  weight  of  this  observation  is  fuDy 
taken  off  by  the  evidence  produced  for  the  |nuh 
nel.  It  is  clearly  proved  by  the  depositioos 
of  Angus  Macdooald,  Duncan  Campbell,  Ro- 
bert Stewart,  and  Charles  Stewart,  «<  That 
Allan  Breck  had  sworn  revenge  against 
Glenure,  upon  a  belief,  that  he  h«l  given  in- 
formation against  him  as  a  deserter:*'  And 
though  colonel  Crawfurd  has  deposed,  <*  That 
the  deceased  had  never  given  him  any  such  in- 
formation ;"  yet  this  does  not  at  all  vary  tbe 
argument,  as  it  is  undeniably  proved,  that 
Allan  Breck  still  believed,  that  such  information 
had  been  given,  and  upon  that  account  bore 
deep  resentment  against  the  deceased:  and 
therefore,  supposing  that  the  murder  bad  been 
committed  by  Allan  Breck,  (which  is  not  ad- 
mitted) it  will  not  follow,  that  it  was  done  with 
a  view  to  resent  any  quarrel  the  pannel  might 
have  had  with  the  deceased;  since  it  might 
have  been  done  with  a  wicked  purpose  af 
avenging  his  own  private  quarrel:  and,  at  tbe 
same  time,  it  is  very  proper  to  be  here  observed, 
that  tbe  deceased  had  executed  a  warning,  and 
obtained  a  decreet  of  removing,  against  a  mat 
many  of  the  tenants  of  Ardshiel  and  Locbid; 
and  if  it  is  true,  that  in  that  |>art  of  the  country 
a  step  of  til  is  sort  is  considered  as  a  cause  of 
mortal  hatred,  it  was,  at  least,  as  much  so  ts 
the  tenants  removed,  as  it  could  poasiUy  be  la 
the  pannel :  and  therefore  it  is  wrong  in  tba 
prosecutor  to  say,  that  there  was  no  ottier  per- 
son who  had  any  cause  of  resentment  against 
the  deceased,  but  only  the  pannel ;  whereas  it 
is  plain,  that  every  one  of  the  tenants  who  bad 
been  decerned  to  remove  from  their  respective 
possessions,  had  at  least  as  strong  a  cause  of  re* 
sentment  against  thedeccaseil,  as  that  which  is 
libelled  against  the  paunel ;  and  besides,  I 
might  also  observe,  that  it  is  |)roved,  by  the  de- 
positions of  the  two  last  witnesses  produced 
for  the  jNinnel,  that  one  serjeant  More  Cameron 
(who  in  that  part  of  the  country  is  known  to 
be  of  a  most  abandoned  character)  had  threat- 
ened to  shoot  G tenure,  or  to  be  upsides  with 
him,  in  case  he  should  happen  to  meet  him. 

Upon  the  whole,  gentlemen,  I  flatter  myadf, 
I  have  shewn  to  your  conviction,  that  all  and 
each  of  the  circumstances  proved  against  the 
pannel  are  such,  that  they  can  easily  bear  a 
good  construction,  and  might  have  happened 
naturally,  though  he  had  been  innocent  of  tbe 
crime  laid  to  his  charge :  and  when  to  Ihb  it  is 
added,  that  the  character  of  the  pannel  in  pri- 
vate life,  renders  it  highly  improbable  Uiat 
he  could  have  been  accessary  to  so  vib  • 
crime;  that  he  could  not  possibly  reap  ny 
benefit  by  it ;  and  that  is  proved  by  incontet- 
table  evidence,  that,  at  the  very  time  when  tba 
murder  was  committed,  be  was  anxiously  pnr-, 
•aing  another  measure,  which  was  utterly  in- 


HI]         ^^^^gfififT  MurcUr. 

MtHHt  Willi IteiQfipofition  ofltis  beiti^  any 
WfiePMMiry  to  ibe  murder  ;  I  persuade  my- 
m  IImI  you  will  bt»  ctreful  to  di? est  your- 
•toi  •f  mny  tmpresflitODS  you  may  have  re- 
Mfvd  witboQt  Jours ;  lliat  you  will  judge 
«^lh»  «f  iilence  itniiartially  as  ii  lies  lieforc 
|««|  •ad  Ibftt,  l»|Kiii  the  whole,  you  will  find 
'*"  mil  not  giijUy  of  tbe  crime  laid  Co  his 


A.  D.  11S% 


[243 


^^„  A  lime,  ill  case  yoti  shall  have  any 
_„/  ill  ftmlitig  the  pnniiel  not  g^^illy,  or  in 
I  jta  tbAlt  be  of  opinion,  that  tbt^re  is  a 
^  «f  idevfiQCV  in  any  of  the  circum- 
_i  pmvcd  agtioat  Ibe  paiinel,  il  is  your 
m  rtCuni  a  Special  Verclici*  upon  tbe 


^  A  ■pMJal  renUcI  uiuler  the  Crimtnal  Lblw 

_^d,  li^eIIlt  to  diflfer  efisentially  from  a 

fcrdtct  in  the  Law  of  En^fand.  •  In 

» ft  apcctfll  tenlicl  must  6t\a  facts  aoG 

E  of  facts ;  and  witirre  any  toiitter  is 

miict  submitted  Lo  the  court  for 

kt  point  of  taw,  no  loference  of 

I  on  the  record,  however  strong 

Bof  tiio«e  lacts  may  appear,  can  l>e 

I  hj  Ibe  eourL     The  conclusion  result* 

I  tbe  mrhole  should  be  found  anii  slated 

^nry.    See  Feake's  Law  of  E?ideuce, 

r  tbe  law  in  well  lUted. 

Ifl  Seoilftisd,  the  lefpil  guilt  of  the  fact 

I  tbe  pannel  is  established  by  the 

ttHir  o4'  ret*^vancy  before  remitting  the 

i  #'iili  tbe  hbel  to  the  knowtedg^^e  of  the 

the  ((uettioii  tefl  for  their  conii- 

I  iii^  wbelMr  the  fact  charged  baa  been 

'  ••  A  e|ie<!tal  v«rdiet/*  thy%  Mr.  Bume  (Com- 
■■I ■nits.  Trial  f«tr  Critneti  foL  9,  c.  16*  pp. 
Ml  flMt  vt  v^i  J  "  i«  a  return  of  certaia  tiicts 
w  CMMMMttncd  ai  proved,  without  the  iddi> 
Iff  aay  neitcrai  inference  from  them,  with 
Ibe  pennePs  guilt  of  the  crime  ti- 
ll n  lol^reoce  which  is  left  to  be  made 
f  JiMget  ftcx»rdiaf  to  his  opinion  of  the 
cmpiructiofi  and  cberaeter  of  the  faelt 
Am  In4  before  bim. 

••  it  il  orcieafy  that  the  vertJiet  make  a 
cbir  asd  ftbaotaie  return  of  ceriaio  facht  fti 
ttOl  a.  retum  in  a  dotibtful,  or  tirovi- 
,  er  alternattve  shape,  or  such  as  leaves 
I  svfMrmiiB  matter  of  fact  still  to  be  eu(|utred 
Mi  by  tbe  Court.  For  to  settle  the  whole  fact 
,  Slbe  frroperand  peculiar  province  of  the  jury  ; 
ibtt  done  by  any  other  autho- 
Llf  ibey  eliidi  leave  it  in  any  ways  uncer^ 
Ho^i  BQ  uncertainty  may  arise  in  se< 
I  weyt,  AinI  flni  Ibe  jury  may  report  the 
^  III  meli  »  forai,  ae  to  leave  tt  doubtful, 
*  tbe  criHi*  in  queslian  has  been  com- 
Aebftppeoed  in  the  case  of  An- 
b  vrbnee  trial  for  u^iug  fahe 
iiieaauf«s,  the  jury  found  his 
laud  bii  measures  short,  but  found 
for  ipetufying  the  deifrce  of"  the 
itbctber  en  great  as  to  imply  dole^ 
Mlyi  and  such  as  might  be 
baeriititttfitioQ.    In  like 


facts  proTed  for  and  against  the  pannel ;  and  i 
in  that  case  you  ought  to  he  particularly  care-  1 
ful  to  omit  DO  circumstance  which  mty  bavftj 
tkuy  tendency  to  exculpate  the  paoneL 

Sunday,  ^4  September^  175^,  (betwixt  7  and 
8  o*ctuck  in  tbe  morning*) 

**  The  Lords  ordain  the  Assize  im^tantly  to  | 
iDctose  in  this  place,  aud  to  return  their  Verdict] 
upon  Monday  neit,  the  2ritl»  current,  at  11 1 
o*clock  before  uoon  ;  and  adjourn  tbe  Courl^  [ 
and  hail  diets  thereof,  till  that  time  ;  and  ordain 
the  hail  fifteen  assizers  there  to  attend,  and  tbe 
pannel  to  be  carried  back  to  prison,*' 

tier,  an  alternative  return  of  facts,  may  some* 
times  issue  in  the  acquittal  of  tbe  accused.  ; 
Thus,  in  a  trial  for  sheep-stealing,  tbe  pannel 
cannot  have  judgment  as  a  thief,  if  the  jury  { 
say,  that  ihe  sheep  io  question  were  stolen  of  ' 
had  strayed  ;  bow  full  soever  the  verdict  be  in  I 
liiiding  the  pannePs  poi«esi$iou  of  the  sheep, 
and  other  presumptions  ol'  his  dishouesiy  and  * 
evil  conscience.     Or  again,  ia  a  ca^e  of  rob*  1 
bery*  as  little  is  there  a  good  conviction,  if  tho 
verdict  bear  that  the  pannel  assaulted  A.  B., 
nneaning  to  rob  him,  and  that  io  the  course  of  | 
the  scufHe,  his  pocket-book  f  itht-r  was  CHrried  I 
off  by  the  panne),  or  fell  to  the  ground  and  wds 
k>«t-     And  here,  I  may  refer  to  tbe  trial  of  ^ 
William  and  James  Carruthers  and  others,  tii 
1731.     These  men  were  iudicted  on  a  certain 
statute,  for  deforcing  the  revenue > officers,  as 
also  at  common-law,  for  on  asanutt  and  robbery, 
having  carried  oif  certain  armis  and  other  things, 
belonging  to  the  officers.     Now  as  to  this  ar» 
txcle,  the  jury  *  fand  firoveo  that  the  above  Ho* 

*  bext  Kneall  aud  his  crew,  at   the  time  end 

*  place  libelled,  brou^^ht  iu  some  tire-arms  to 
^  tbe  house  of  the  above  JuUu  Ilitl,  aud  thai 

*  they  were  lost,  or  taken  aw  ay  by  the  foivsaid 

*  mob,"  Hentenee  passed  on  this  verdict,  for 
seven  years  transportation,  in  terms  of  the  sta^ 
tute,  as  on  a  conviction  of  the  deforce  me  ut  only, 
and  nothing  more. 

*^  In  like  manner,  on  an  indictment  of  more 
peraons  than  one  for  the  same  facl*  the  verdict 
!•  faultyf  if  it  find  that  the  thing  was  done  by 
one  or  other  of  them,  and  do  uot  atford  the 
means  of  discerning  which  of  them  was  truly 
tbe  guilty  person.  And  on  this  ground  chiefly, 
aa  f  tuke  it,  proceeded  the  aLnioUitor  io  the 
case  of  Buchanan  and  Lilburn  in  1771,  where 
the  jury  couvicieil  the  panoels  in  the  precise 
terms  of  their  own  confession,  which  was  thus: 

*  That  the  panoels,  irritated  by  the  continued 

*  attacks  of  the  dog,  and  having  each  ol  thera 

*  the  spit  of  a  jack  in  their  bunds,  both  or  either 
^  of  them  in  tbe  fray,  gave  a  istroke  or  stroket 

*  upon  tbe  head  of'^  the  said  Joseph  Alurtme^ 

*  with  the  spits  in  their  hanils,  of  which  stroke 

*  or  strokes,  and  tfie  wounds  thereby  giieii,  tbe 
'  said  Joseph  Martine  died  the  day  tolbwiug, 

*  in  tbe  house  of  the  said  liobert  Andcrrson.*  It 
could  not  be  determines  I  ou  this  verdict,  whe* 
tber  both  pannds  had  struck  Ibe  deceased,  ^r, 

R 


Ur\  25  6E0RGB  IL 

the  paoDel  James  Stewart  Oaihy,  ift  and 
mirt,  of  the  murder  of  Colin  Campbell  of 
Gleiiare.  In  witnesa  whereof,  our  aaid  chan- 
cellor and  clerk  have  aobscribed  these  presents 
in  our  uames,  and  in  our  presence,  place  and 
date  above- written. 

(Signed)      "  Colin  Campbell,  Chan, 
««  Ja.  Campbell,  CI." 

After  readings  this  verdict  the  Court  proceed- 
ed to  i^ve  judgment;  which,  beiae  written 
down  in  the  hm>k,  and  signed  by  the  whole 
judges,  was  read  by  the  clerk,  and  in  the  usual 
manner,  repeated  pronounced  by  the  dempster 
to  the  pannel,  as  follows : 

to  ioclose^l  havioff  been  pronoiinced  by  the 
three  judgpes,  the  lord  Elchies  said  to  the  jury 
words  to  this  purpose, — That  as  they  had  been 
much  fatigued  by  the  extraordinary  length  of 
the  trial ;  and  as  the  case  now  to  be  left  to 
them,  was  of  the  utmost  conse<^uence,  no  less 
than  life  or  death,  it  deserved  their  most  serious 
and  deliberate  consideration:  and  that  therefore 
a:  long  time  (full  twenty-seven  hours)  was 
given  them  to  return  their  verdict  And  his 
lordship  added,  that  he  thought  it  might  be 
very  proper  for  them  to  refresh  themselves 
with  sleep,  before  they  should  proceed  to  con- 
sider the  case,  and  make  out  their  verdict ;  for 
which  he  said,  couches,  &c.  should  be  ordered 
into  the  place  where  they  were  to  be  inclos- 
ed." Upon  which  the  author  of  the  <  Sup- 
plement' remarks,  «*  It  would,  doubtless,  have 
oeeu  commendable  in  the  jury,  if  they  had 
complied  with  this  seasonable  advice  of  the 
lord  Efchies,  considering  that  they  had  now 
been  sitting^  in  court  about  fifty  hours  without 
sleep;  which  as  they  wanted  much,  so  after 
being  refreshed  with  it,  they  might  have  deli- 
berately and  with  their  eyes  open  considered 
the  case  of  the  poor  pannel.  The  jury,  how- 
ever, were  pleased  to  refresh  themselves  only 
with  wine  and  the  like,  and  immediately 
thereafter  to  fall  to  their  business,  with  the 
same  drowsy  noddles ;  in  which  they  made 
such  dispatch,  as  to  have  it  dressed  up  and 
ended  soon  after  eleven  o'clock  of  the  same 
forenoon ;  a  time  shorter  than  four  boars  at 
most. 

<« O  horrid  to  relate  1 

"  About  man's  life  they  d|d  not  hesitate. 

"  In  the  afternoon  of  this  day,  Mr.  Stewart 
younger  of  Ballachelish  meeting  Mr.  Camp- 
bell of  Ederline,  one  of  the  fifteen,  on  the 
street  of  Inverary,  told  him,  that  every  one 
was  surprised  at  tne  dispatch  the  jury  had  made 
in  examining <60  long  a  case;  and  asked  Mr. 
Campbell,  How  it  was  poanble  they  couM  do 
so  much  in  so  short  a  timer  ""  ••  ^  — 
Campbell  answcKd,  We  M« 
nipalory proof:  mIBip^^ 


if  IVwbtehllr. 


Trial  of  James  Stemrif 

«'Thtt  Lord  Justice  Qancirat 
Commissioners  of  Justiciary,  bavinip  cc 
dered  the  verdict  of  assise,  of  date  the  Mth 
current,  according  to  the  present  alile,  rotonM^ 
this  day  against  James  Stewart,  paancl,  wbero* 
by  he  is  found  Guilty,  tfrt  and  part,  of  the 
murder  of  Colin  Campbell  of  Olenure ;  they, 
in  respect  thereof,  by  the  month  of  John  Mm> 
kenzie,  dempster  of  court,  decern  and  odjoigo 
the  sakl  James  Stewart  to  be  carried  hock  to 
the  prison  of  Inverary,  and  therein  to  lymilo 
till  the  5th  day  of  October  next,  acoording  to 
the  present  style ;  and  then  to  be  delivered  mm 
by  the  magistrates  of  Inverary,  and  koepcrif 
the  said  prison,  to  the  sherifT-deputa  of  AnnfB» 
shire,  or  his  substitutes ;  and  to  be  by  mim 
transported  to  the  shire  of  Invemeas,  and  do- 
livered  over  to  the  sheriff-depute  of  Ion 
or  his  substitutes ;  and  to  be  by  them 
ported  to  Fort  William,  and  delivered 
to  the  governor,  deputjr-govemor,  or  oov- 
mander  in  chief,  lor  tlie  time,  of  the  aald  gar- 
risen,  to  be  by  them  committed  to  prison  ia  tht 
said  fort,  therein  to  remain  till  the  7th  day  af 
November  next,  according  to  ihepreaentatjle; 
and  then  again  to  be  delivered  over  to  tho 
sheriff-depute  of  Invemess-sliire,  or  hit  aolili- 
tutea;  and  to  be  by  them  transported  Orwllw 
f^rry  of  Ballaclielish  ;  and  delivered  orw  ti 
the  sheriff- depute  of  Argyllshire,  or  hia  rab> 
stitutes,  to  be  by  them  carried  to  a  gibbtt  to  hi 
erected  by  the  said  sheriff  ou  a  conapiciieoi 
eminence  upon  the  south  side  of,  and  nearti 
the  said  ferry:  and  decern  and  adjudge  the 
said  James  Stewart,  upon  Wednesday  the  8lk 
day  of  November  next,  according  to  tho  pra* 
sent  style,  betwixt  the  hours  of  twelve  at  noiB 
and  two  afternoon,  to  be  hanged  by  the  sack 
upon  the  said  gibbet,  by  the  bands  of  an  exe- 
cutioner, until  he  be  dead ;  and  thereafter  ti 
be  hung  in  chains  upon  the  said  gibbet ;  aol 
ordain  all  his  moveable  goods  and  gear  to  b^ 
es«;heat  and  inbrought  to  his  majesty*! 'oat} 
which  is  pronounced  for  doom. 

(Signed)  "  Argyll. 

"P.Grant. 
*'  Ja.  FEBOiuoif.** 

AiWr  which  the  Lord  Justice- General  apoke  ti 
the  panud  to  the  following  effect:* 

James  Stewart,  yon  have  had  a  very  kmg 
and  most  impartial  trial :  you  have  been  pro- 
secuted with  all  the  moderation  comdatent  wiA 
the  crime  you  stood  accused  of;  and  jroor 
counsel  have  defended  you  with  great  abiii^i 
and  with  decency.  The  jury  have  unaoinooi* 
ly  found  yon  guilty  of  having  been  acumiiy 
to  thia  horrid  murder,  which,  upon  duo  com. 
deratkin  of  all  drcumstancea,  acoma  to  be  ac? 
eordin|;jo  the  evidence. 


proof  agaiofj 


— »  naHMl,iBea  aiiffiyt9le.3 
MUMthoMliti  miM 


J^  Murdtf* 

It  make  yM<  ,  how 

Di  !■  of  wltieh  )ou  uUud  cnii- 
!  tod  moH  intamfius  iinircler  eiiiJ 
»ii«  tn  tl^Cittoce  of  the  laws  of  Gofl 
>  sjt^  Ibt  cuinmon  |)nnctp1es  of  buma- 
\  Iflmitidd  oi^eeircmnsliince  mote,  which 
I  ycm?  guih  |  ami  ihat  i:j^  your  iogra- 
Iki  tlial  gsolLcinani  who^  by  your  means, 
A*  ii»Of«*     Yon  tiari,  by  your  artilices, 
»  kift  oon^QOcTt  tit  tore  he  had  time  to 
I  Mfbnueii  of  ihc  circumatanues  of  the 
iifwiuoh  lie  wa«  appomted  steward.   This 
you  tbused  Bt>  mucbf  as  to  raise 
v^wanmmy  from  the  tenants  for  yoar  own 
I :  but  whi'u,  in  obedience  to  the  orders 
mpomrs,  he  was  removing  you  and  others 
hm  Hxwm  they  t)id  possess,  then,  accord* 
tiM  oialioe  at  way  t  pre?  ailing  in  unctTi- 
ifttUef  tli«  Highlands,  voiir  inveterate 
I :  ao  that  it  may  he  said  of  you, 
jm  taA  e«t  his  bread,  and  then  abed  his 

r  y«dr  crime  from  its  true  original 
rdl  uae  the  words  of  our  tlatute*bcHik, 

iwtJD't  f 'I  '-^;  and  lawless  opprfis- 

fcmd  i  Mauds  during*  several 

'7**'-  ,.  liie  laws  made  so  loncf 

r,  and  iiifurced  in    16'J0, 
i._     .        '  thecliiis  w^relKiuud  to  dc- 
^f«r  timtai^,  as  securities  for  the  peace,  who 
I  even  to  li€  put  tn  drath,  if  no  redrew  was 
To  tht«  '  !d  that  obntifjate  and 

titicyr«l>U  inand  a>ersioiU<»  the 

I  in  levckiil  Hi^fhland  c)an«i,  and  in 
'  jour  own,  errr  More  the  happy  Ke- 
^  eod  the  establish  meat  of  the  crown  Jo 
4t  Fr»l«9taiit  line, 

Ittibe  yiear  lTir>,  there  broke  out  a  mr»9t 
Wivf^l  and  uoprovoked  rebeUion,  soon  after 
^  aacmkia  of  bis  late  majesty  to  the  throne ; 
•  «liiii  tli«  pari  your  clan  acted  is  well 
>B0m^m  niAiiy  hetM^  i^- -^  '>i*esenl  tliut  were 
of  their  cu  ^axI  of  «h(»  rd>el 

1  .  a.     This  I  mj- 
A  royal  indemnity 
FaBfybii»ed  uv  o  Ireaaoos  thi^n  com* 

but,  in  the  year  1719,  your  clan,  un- 
mI  of  Ui«ir  hves  and  fortunes  havinjv  bteu 
k  only  two  year*  before,  did  og^ain 
y  aitd  affiiMted  a  forri^  enemy 
V  MU  are  saiu  to  have 
ii  time  very  \oun^« 
iiR'  jcMless  spirita  of  the 
<Tt  again  pron^pted  them 
''    r      -     "i   ^.   you  and 


»aiiJi** 


)««  cbifi 

it  impious 

iimcf  - 

.^i  *t-i^.i  to  the  last. 

IW! 

lirsi  permitted  you 
v^hirb  has  posijibly 

nail 

bo» 

of  your  crimen. 

Mf 

<eu  of  the  Al- 

V;  "^^  ** 

d   Up  a   great 

^■^tb'-'ccin 

Ktnij,  who,  with 

K 

^  and  with 

B 

^  one  blow, 

pii  tad  to  aU  yoorn  )• 

l^»  1  ^IcmpUf. 

A.  D.  17J^  [359 

If  f9U  bad  lieeti  successful  in  that  rttbellknt, 
you  bad  been  now  tj'iumphant  with  your  con* 
tcdemtcs,  tramprnig*  upon  the  laws  of  your 
country,  the  liberties  of  your  fellow*siibjcctSy 
and  OD  the  Protestant  religion :  you  mi^ht  bare 
been  g^if log  tbe  law,  where  you  now  have  re* 
ceived  the  judgment  of  it ;  and  we,  who  are 
this  day  your  judp^es,  might  have  been  tried 
before  one  of  your  mock  courts  ot*  judicature, 
and  then  you  might  bare  been  satiateil  wtib 
the  blood  of  any  name  or  clan  to  which  you 
bad  an  cTeriion. 

I  have  thoug-bt  it  my  duty  to  pot  you  in 
mlud  of  these  (acts,  only  to  mark  out  thoM 
wicked  paths  which  have  led  you  to  dettme-* 
tioo  :  and  though  you  dou't  now  stand  accused 
as  a  rebel  I  nor  am  I  permitted  to  call  yo4i  a 
traitor*  because  bis  majesty's  undeserved 
mercy  to  you  did  several  years  ago  restore  you 
to  the  state  of  an  Innocent  man  ;  yet  1  may 
say,  with  great  force  of  truth,  that  this  murder 
iiafi  been  visibly  tbe  effect  and  consequence  of 
tbe  late  relietbon. 

Vou  may  yet,  during"  the  short  time  yo« 
have  to  liie,  be  of  great  service  to  your  friends 
and  neighbaui^,  by  warning  them  against  thoM 
principles  and  practices  which  have  broui|^ 
YOU  to  this  untimely  end  ;  and  may  the  Lofi 
nave  mercy  upon  your  soul  \^ 

Immediately  after  sentence  of  death  had 
passed  upon  James  Stewart,  and  tlie  Lord 
Justice -Gene  rat  had   ended    hi)   speech,   tbe 

panuel  said^ 

*•  My  lords,  1  t^imi  ly  submit  !f)  iliy  bard  sen- 
tence, 1  forgive*  the  jury,  and  the  witnesses, 
who  have  s^woru  several  things  falsely  ajfaiuat 
me :  and  I  declare,  before  the  great  Uod,  and 
this  asditory,  that  I  bad  no  previous  knowledge 
of  the  murder  of  Colin  Campbell  of  Glen  ore, 
and  am  aa  innocent  of  it  as  a  chikl  unborn.  I 
am  not  afraid  to  die ;  but  what  grieves  me,  is 
my  eh (j^racter,  that  after- acres  should  think  me 
capable|of  such  a  horrid  and  barbarous  mnidert** 

ThereaAer  the  pan n el  was  ordered  back  to 
prison,  and  executed  according  to  his  sentctica; 
and  the  morning  before  be  went  to  execulioQi 
he  declared  to  the  sheriff  his  ionoceoco  of  the 
tact  for  which  he  was  convicted  ;  and  did  tho 
same  at  the  gallows,  with  many  protest atiooi 
of  ilia  innocence,  calling  God  to  witoeas  thd 
truth  of  what  be  deiilared. 


Of  this  case  Aniot^  in  bis  Collection  of  Cn* 
ntinal  Trials,  has  inserted  an  abstract^  to  which 
he  has  subjoined  tbe  following  observations  : 

**  The  guilt  charged  a£:ainst  tlie  pannel  is, 
that  he  was  accessory  to,  and  art  and  part  in 

♦  Wh""  ihp  sentence  was  pronoanced 
agamRl  J  ^^art  at  Inverary,  tbe  ^ntle^o 

menwih  i  the  trial  tbe  preceding  dayf« 

having  been  ail  lircd  with  il»  did  not  lake  notes 
tbe  last  day :  but,  as  far  as  tbef  cau  recollect, 
the  sub««tance  of  what  tbe  Lord  Justioe-Geotr^ 
then  said  to  the  panne),  was  M  is  tbove  ^ 
down.     Fifrm€r  Edithn, 


S51]  '25  GEORGE  IL 

conspiring  the  murder  of  Glenore,  which  was 
perpetrated  by  Allan  Breck  Stewart.  There- 
tore,  if  there  be  not  legal  e? idence  that  Allan 
Breck  was  the  murdvrer,  the  charge  of  guilt 
▼anishes,  and  it  becomes  perfectly  unnecessary 
to  consider  the  second  proposition,  viz.  the  pn- 
soneKs  accession  to  the  murder  alleged  to  have 
been  committed  by  Allan  Breck. 

'*  The  only  positive  evidence  relative  to  the 
perpetrator  of  this  murder,  is,  that  it  was  com- 
mitted by  *  a  man  with  a  short  dark  coloured 
*  coat,'  and  this  is,  in  some  respect,  applicable 
to  Allan  Breck,  as  be  was  seen  on  the  day  of 
the  murder,  not  far  from  the  place  where  it 
was  committed,  dressed  in  a  dun  coloured  great 
coat,  and  dark  short  coat.  Allan  Breck  did 
frequently  use  threatening  expressions  against 
the  deceased,  and  he  did  display  the  most  in- 
dubitable signs  of  tear  and  guilt.  But  it  is  cer- 
tain that  his  guilt,  as  a  deserter,  whs  heighten- 
ed by  his  having  been  in  the  rebellion,  and 
that  bis  life  was  thus  forfeited  to  his  country  ; 
and  the  reader  must  determine  with  himself 
whether  Allan  Breck's  fear  of  being  apnre- 
kended  proceeded  from  the  desertion,  of  which 
he  was  notoriously  guilty  ;  or  from  this  recent 
murder,  of  which,  even  mdcpendent  of  guilt, 
he  had  reason  to  conclude  he  would  be  sus- 
pected, on  account  of  his  connection  with  the 
family  of  Ardshiel,  and  of  his  fugitive  and  wan- 
dering life. 

"  The  circumstances  from  which  the  prose- 
cutors inferred  the  prisoner's  accession  to  this 
murder,  may  perhaps  lie  6t  enough  to  excite  a 
suspicion  of  guilt  in  the  speculations  of  the 
closet,  but  I  apprehend  them  to  be  in  the  high- 
est degree  improper  and  dangerous,  to  be  pro- 
duced as  evidence  to  affect  the  life  or  fortune 
of  m  prisoner  in  the  tribunal  of  justice. 
)  <*  The  circumstances  were  shortly  these :  that 
Allan  Breck,  a  kinsman  of  the  pnsoners,  paid 
him  a  visit  three  days  preceding  the  murder, 
sat  with  him  and  other  company  at  supper, 
and  slept  in  a  bam :  that  Allan  Breck  put  off 
his  French  clothes,  dressed  himself  in  a  short 
coat  belonging  to  the  prisoner,  or  his  son,  ere 
he  went  to  work  in  a  field  of  potatoes ;  and 
next  morning,  when  he  lefl  the  house,  went 
off  dressed  in  the  short  clothes,  and  let\  his 
own  ;  which,  by  the  bye,  he  had  done  upon 
former  occasions :  that  the  prisoner,  upon  the 
search  which  was  to  be  made  for  the  murderer 
of  Glenure,  supplied  with  money,  for  the  pur- 
pose of  making  an  escape,  his  kinsman,  Allan 
Breck, a  fugitive, and  a  deserter:  that  the  guns 
about  the  prisoner's  house  were  hid,  in  a  coun* 
try  where  it  was  a  crime  to  be  possessed  of 
arms :  that  the  prisoner  had  used  repeated  ex- 
pressions of  resentment  and  of  'vengeance 
against  Glenure ;  and  that,  after  the  murder, 
Allan  Breck  expressed  his  apprehension  lest 
the  prisoner  or  his  son  should  be  betrayed  by 
their  own  tongue. 

**  These  are  ttie  amount  of  the  evidence  against 
the  prisoner,  which  resulted  from  a  scrutiny, 
by  no  means  warrantable,  into  his  life  and  con- 
duct. The  rigorous  durance  in  which  he  him- 
self was  conQncdy  and  his  son  and  servants  being 


Trial  of  James  Siewart, 


\93l 


kept  close  prisonen  in  separate  ■partments, 
have  been  already  mentiooed.  His  repositories 
were  thrice  searched  by  the  prosecutors  rela- 
tions without  legal  warrant,  and  attended  by  a 
military  force :  and  every  circumstance  of  his 
life  and  conversation,  for  a  period  of  two  voan, 
was  raked  into  with  the  most  invidious  industry. 
But  this  last  mode  of  extraotiuj^  evidence,  and 
the  result  which  flowed  from  it,  require  to  bt 
particularly  considered. 

*'  Where  there  is  no  positive  evidence  de- 
monstrating the  author  of  a  mischief  which  so 
individual  has  sustained,  menacing  ezpressioM 
may  be  justly  admitted,  along  with  other  cir- 
cumstances, as  a  link  of  the  chain  of  circan- 
stantial  evidence  a:|;ainst  a  prisoner.  But,  to 
lay  much  stress  upon  general  expresskms  of 
resentment,  and  even  of  vengeance,  such  as, 

*  I  wish  he  were  hanged ;'  *  he  is  unworthy  to 

*  live;'  '  I  will  cause  him  to  repent  it,'  or  the 
like,  would  lead  to  a  conclusion  equally  false 
and  fatal.  In  social  intercourse,  the  energy  of 
our  (expressions  of  applause  or  of  censure,  of 
gratitude  or  of  resentment,  is  often  proportioned 
to  the  strength  rather  of  our  language  than  of 
our  feelings.  But,  if  a  deep  and  mortal 
he  meditated,  I  apprehend  the  deviser,  in 
of  suiting  his  expressions  to  his  purpose,  v 
endeavour,  by  the  smiles  of  his  countenance, 
and  the  smoothness  of  his  language,  to  conceal 
the  rancour  of  his  heart. 

**  Let  any  person  who  has  laboured  under 
embarrassed  circumstances,  who  has  felt  ibr 
the  distress,  for  the  impending  ruin  of  his  ft- 
mily';  «»lio  has  been  chastised  by  the  rod  of 
power,  reflect  upon  the  expressions  of  resenl- 
ment  and  of  anguish  which  may  have  escaped 
him  when  his  heart  was  open  to  a  friend,  wlica 
his  passions  were  inflamed  by  liquor;  and 
then  let  him  condemn  (if  he  can)  the  prisoner 
as  a  murderer,  on  account  of  the  expressions  of 
vengeance  which  arc  proved  against  him  in  tht 
course  of  this  Trial. 

**  The  only  part  of  the  evidence  affecting  the 
prisoner  which  makes  a  serious  impremoo 
upon  me,  is  what  fell  from  Allan  Breck  in  tbo 
wfK)d  of  Koalisnacoan,  that  he  was  afraid  lest 
the  prisoner's  son  *  might  be  betrayed  bv  bis 
own  tongue.'  *    The  following  reasons,  how- 


*  *'  Unless  that  rule  in  the  scriptures,  of  visit- 
ing the  sins  of  the  father  upon  the  children,  is 
to  he  inverted  by  our  law,  and  the  sins  of  tbo 
children  are  to  be  visited  upon  the  father,  I 
•entertain  a  faint  suspicion  that  a  mistake  has 
been  committed  in  the  course  of  this  Trial,  mod 
that  (if  any  of  the  family  was  guilty)  the  pri- 
soner has  been  hanged  instead  of  his  son  Allan. 
The  circumstances  of  the  little  gun  in  the  de- 
positions of  DugalJ  and  John  Beg  Maccolls, 
and  Allan  Breck's  fear  lest  the  prisoner's  son's 
tongue  should  btrtiny  him,  afford  a  more  point« 
ed  evidence  against  the  son  than  any  which  it 
adduced  against  the  father.  Besides,  it  ii 
worthy  of  remark,  that  the  prisoner's  son  bad  a 
coat  precisely  of  the  same  make  and  ookNir 
with  that  which  Allan  Breck  wore  on  tht  day 
Glenure  was  murdered."    Arnot. 


f(ir  Murder, 

»  doubt  llie  saleCy  ftiid  propriety 

I  •»  ej|(ff^%ioti  bL  this  1  lie  t'sutt* 

Dg  flwuy  the  life  aru!  fa  me  of  a 

The  %vilne!is  who  <Je|i«sed  lo  ii 

lirfpr  llie  ruil  uf  power ;  he  had  been 

c!o!(e  cuMody  in  Fori  Wtlham,  aod 

railed  that    he    himiielf  might  be 

Iriiil  for  thiii  murder.      2do,  The 

an  IVoiij  Allan  Bre<;k*8  exprea- 

Igr  fioin  miscortceptioii,  or  want 

fi'  )  from  the  mistake 

itcd  the  eFidenoe, 

In  uj'iifji  j;»r>i  (iaiereoce  in  ihe  coii* 

|l>r  tlrawo  rriMii  Alhtn  Brc^rk^a  words* 

,  if  AUan  Breck,  instead  of  laying 

tJbe   prisoner's  son  *  might   be 

\%y  Ilia  own  (on^uc/  did  stiy^  lie  wa« 

Einer'a  son  *  might  Hill  a\ictiio  to 

lie  ;*    ill  this  case,   Allan    Breck 

aid  no  more  than  >%httt  was  nolo- 

i_»Dil   true,  viz.  that  tJte  resentful 

~^        by  the  prisoner  and  hia  son 

!  would  hear  hard  upon  them, 

I,  upon  the  Mbole,  i^KiiaU^  out  the 

two  aUerntions  being:  adopted  in 

al   (aw  of  Scotland  :  Imo,  That  the 

jliould   here,  aa  in   £nj;tand«  have  a 

Dging  a  certain  numljer  of  llie 

|]gned«     2do,  I'hai,  in 

lof  Scotland,  where  the  di^trict« 

tribes  or  clans,  between  many 

ale  feuds  did  subsist,  a  prisoner 

I  in  bis  power  to  say,  ^  I  who  am 

"*  not  be  tried  by  a  jury  of  Camp- 

\  CDunler  of  a  Campbell  ;*  or,  *  I 

IBccr  of  e&cise^  will  not  be  tried 

sorfier  of  a  stimg^ler,  to  a  country 

it  Itiv  merchants^   fanners,  ^c.  are 

And,  OS  the  lawyers  for  the 

'  it  til  Ibeir  power  to  bring  a  prisoner 

liltaCricI  where  he  lite^*  or  where  a 

[ftiettn  committed^  to  stand  trial  before 

V  at  £dinhnri;h|  so 

ive  it  JO  his  power 

^pfrjimittH  wtiicb  may  he  enter- 

lliai  to  a  iiarttcuUr  distiicl«  and  to 

1^  tried  at  bdinburgb.^' 


A.  a  1752. 


[251 


Ho  wing  paasag«a  are  extracted  from 
a^fikflBCfil    (o    the  Trial  of  James 

happy  periodi  until  the  fatal 

.  James  Hte wart  beliavfd,  in 

,  &a  like  a  good  Cbri^tian^  that  liia 

1  were  forced  to  commend  him, 

*ij  him,  bur  the  thoughts  of 

kind  wife,  with  a  pretty  nu- 

|r«  not  provided  for  ;*  and  a  rea- 

for  his  awn  character,  because 

ignomitiJous  manner  of  his 

)  altrgeii  eau«e  given  fur  it.     To 

'  Niiirrrt:4|/»,  six  year* ago,  had  left 
Mate;  a^id  tb«  ejtpeooe  of  ihU  trial 
lallliejsaii  aciiiurrd  siaoeJ'    jiJuppU 


die,  he  said,  on  a  gallows,  for  having  actal  a 
part  in  an  assassination,  was,  he  lielieved,  what 
few  lh;jl  knew  bim  could  iver  have  thought 
was  to  be  his  end.  This  he  regrettrd  at  firti 
to  bis  1i  lends  who  came  to  see  him  in  his  con^ 
demned  ii^tate ;  but  atier  being  assured  by  tW 
gentlemen  who  hail  been  lits  counsel,  that  they 
hnd  k\\  kept  notes  of  their  pleadings,  in  ordet* 
io  the  pulilishinij;  bis  trial,  be  became  quite  sa- 
liaOed  and  easy  m  bis  mind.     *  If  that  shall  be 

*  dt>ne»  (said  be),  ihe  world  wilt  have  an  op- 
'  portuiiiiy  of  seeing  nud  judging  oi'  my  sharft 

*  in  the  murder,  a  crime  I  ever  abiiorred,  and 

*  the  jtistice  done  me  in  the  tria!.*  Ru  ipim 
nunc  hquitur.  At  bit  receiving  the  holy  sa^ 
ciameni,  from  the  bands  of  a  worthy  clergy « 
man,  the  necessity  of  cod  Cession  and  repent* 
ance  was  strongly  set  forth  to  him,  and  the  ques- 
tion then  put,  *  Are  you  guilty  of  the  murder 
'of  Gleuuref*  He  answered,  in  a  mosl 
solemn  manner,  *  1  am  not  guilty  of  it,  even  in 

*  the  smallest  degree;  If  J  be,  may  this  which 
^  1  am  ttbuut  to  do,  tend  io  my  eternal  d;imna* 

*  lion  !*  In  a  word,  he  gained  the  esteem  ami 
reigard  of  every  body  ;  and  his  military  guard 
admired  and  pitied  him  so  much,  that  many  of 
Ibem  shed  tears  at  his  death;  thereby  con- 
viucing  me,  that  tlieir  hearts  are  not  so  caMoiDi 
as  is  commonly  thought.  1  appeal  to  them*. 
selves  if  this  be  not  true.  But  let  the  dyinif 
man  first  speak  Ibr  himself,  when  come  to  the 
last  period  of  his  hfe.  The  hour  of  death,  you 
knovr,  is  the  hour  of  truth !'' 

The  DviNG  Speecu  of  James  Stewart. 

My  dear  countrymen  ;  The  several  mottrea 
that  induced  me  to  offer  the  world  a  narrative 
of  my  uDcommoo  misfortunes,  are  as  follows: 

Fii^t  of  all,  My  itinoceoce  makes  my  suf* 
feringa  easy,  and  alletiates  all  afflictions,  be 
they  never  so  severe  in  the  eyes  of  man. 

Secondly,  That  my  silence  upon  thia  ooca* 
sioD  might  uot  be  constructed  to  my  prejudice 
by  my  prosecutors ;  as  my  silence  at  the  bar, 
when  i  was  hearing  some  of  the  evidences  aver 
untruths  against  me,  was  said  to  have  pro- 
ceeded from  conviction  of  guilt,  and  that  if  [ 
should  challenge  them,  they  wouUt  say  more 
than  they  did. 

Thirdly,  In  order  to  let  the  world  know  the 
liardships  put  upon  me  since  my  coaiinemdnta 
contrary  to  the  known  laws  of  this  nation ; 
which  effectually  disabled  me  from  maktug 
many  defences  1  otherwise  might  proiJuce, 

Fourthly,  That  it  came  to  my  ears  my  pro- 
secutors had  spread  a  false  report,  that  1  made 
a  confession  of  that  crime  when  in  Inverary 
gaol  after  receiving  my  ban  I  sentence. 

Fifthly,  That  I  might  offer  my  public  advice 
to  my  friends  and  relations  u|>oa  this  uielatt^j 
clioly  occasion.  \ 

These  are  tfie  chief  reasons  for  the  followrtn^  ^ 
narration  of   facts ;    which    1   hope  lo   make 
appear  so  clear,  as  will  convince  the  unpre*  1 
jvidieed  pari  of  mankind  how  much  1  am  iii« 
jured,  and  that  I  die,  as  I  endeavoured  to  live, 
an  bouest  man. 


£53] 


25  GEORGE  II. 


Trial  qf  James  Stewart, 


[9S6 


As  to  the  lirtt  article,  of  my  beine  art  and 
|»art,  accessory  to  Glenore's  murder,  I  poii- 
tiveiy  flea y,  directly  or  indirectly ;  nor  do  I 
ktiow  who  was  the  actor,  further  than  my  sus- 
f  icioa  of  Allan  Breck  Stewart,  founded  ufion 
drcumsiances  that  have  caet  tip  since  the 
murder  happened:  and  I  do  declare,  that  it 
was  not  from  any  conviction  of  his  being  guilty 
of  that  crime  I  sent  him  money  to  carry  him 
oiTthe  country  ;  but  out  of  charity  and  friend- 
ship J  had  for  him,  not  only  as  a  relation,  hut 
likewise  w  a  pupil  left  to  my  charge  by  his 
lather ;  and  as  a  person  who  kept  close  by  my 
brother  in  his  greatest  distress,  when  lurking, 
before  he  got  off  the  country ;  and  that  I  knew 
he  was  a  deserter,  so  durst  not  stand  a  precog- 
nition. I  also  declare,  it  was  without  my 
Icnowledge  he  carried  any  part  of  my  cloth^ 
with  htm,  from  my  house,  upon  the  Tuesday 
before  the  murder.  Nor  did  I  know  where  he 
was,  or  where  he  had  gone  to  from  that  time, 
until  Donald  Stewart,  nephew  to  Ballachelish, 
came  to  me  Friday  after  that  unlucky  action 
happened,  and  told  Allan  Breck  was  at  Koalis- 
naooan,  and  hegjged  I  might  send  him  some 
money  to  help  him  off  the  country,  as  he  durst 
not  appear  publicly,  fbr  fear  of  being  secured 
for  the  above  reason  of  his  being  a  deserter ; 
and  the  said  Donald  Stewart  toM  me,  that 
Allan  Breck  assured  him  he  had  no  hand  in 
the  murder. 

I  likewise  declare,  tliough  it  is  set  forth  in 
my  indictment  that  Allan  Breck  frequented  my 
house  and  company  most  of  any  place  since  he 
came  to  the  country  in  March  last,  that  1  did 
not  see  him  but  thrice  from  his  commg  till  he 
went  away  from  the  country.  The  first  time 
was,  two  nights  before  I  went  to  Edinburgh 
in  the  beginning  of  April  last.  The  next  or 
tecond  time  was  about  eight  days  afWr  my 
return  from  Edinburgh,  which  was  about  the 
last  days  of  April,  as  I  best  remember,  when 
he  stayed  but  one  night  that  I  was  at  home. 
The  third  and  last  time  was  upon  the  Monday 
before  Glenure*s  murder,  that  he  came  to  my 
bouse  about  one  of  the  clock  after  noon,  and 
Stayed  that  night ;  and  the  next  morning  I  went 
from  home,  whiob  was  Tuesday,  before  he  was 
out  of  bed:  nor  did  I  see  him  that  day,  or 
tince.  Nor  can  I  remember  Glenure's  name 
was  spoke  of  in  his  company  either  of  the  two 
last  times,  unless  it  was  he  that  told  me 
Glenure  was  gone  forLochaber  upon  the  Mon- 
day ;  as  to  wnich  I  cannot  be  positive ;  but  I 
am  very  sure  there  was  no  word  of  destroy- 
ing him  in  any  way  spoke  of.  The  first  time 
he  must  have  heard  me  talk  of  Glenure,  as 
I  told  him  I  was  going  to  give  in  a  memorial 
tor  the  tenants  to  the  barons  of  exchequer. 

It  is  also  set  forth  in  my  indictment,  that  it 
was  of  my  own  accord,  and  not  at  the  desire 
of  the  tenants,  I  went  to  make  application  for 
them  in  law.  I  do  declare  it  was  their  desire 
that  all  lawful  ways  should  be  taken  to  keep 
them  in  possession ;  and  do  assure  myself  ibat 
nothing  obliged  them  to  lefuse  that,  but  fear 
and  ignorance ;  belief  ing,  that  if  they  ihoold 


own  it,  they  would  be  made  priseners ;  as  all 
the  poor  people  were  put  in  such  a  terror  by  a 
military  force  kept  in  different  parts  of  the 
country,  that  they,  I  mean  the  poor  country- 
people,  would  say  whatever  they  thought 
pleased  my  prosecutors  best. 

1  declare  what  John  Dow  Breck  MacooH, 
bouman  in  Koalisnacean,  deponed  in  regard  to 
my  coming  to  Glenure's  window,  was  ialso ; 
and  that  at  the  time  he  condescended  on  I 
should  have  said  so,  being  two  years  ago,  I 
was  in  very  good  friendship  with  GleoniOi 
which  his  letters  to  me  about  that  time  testify. 

Ah  to  the  story  John  More  Maocoll,  Dougal 
Maocoll,  and  John  Beg  Alaccoll,  my  servanli 
told,  they  beard  me  say  in  my  brew-boose^ 
that  if  Glenure  did  live  five  years,  he  would  be 
laird  of  Appin  ;  and  that  I  saw  people  in  Appfai 
that  would  not  allow  Glenure  to  go  on  at  such 
a  rate ;  this  I  do  not  remember.  Bat  this  I 
can  safely  say,  tliat  John  Beg  Maccoll  came 
into  the  gaol  at  Inverary  to  see  me,  next  day 
after  my  sentence  was  passed,  crying  and 
tearing  as  if  be  wa^  half- mad,  and  told  me, 
that  the  night  Dougal  Maccoll  and  he  bimodf 
were  on  their  way  to  Inverary,  at  the  strath  ef 
Appin,  Ewan  Roy  Maccoll,  poriioner  of  Glas^ 
drim,  and  the  said  John  More  Maccoll  brought 
two  bottles  of  aquavitse  into  the  bam  where 
they  were  confined,  and  wrougrht  upon  theni 
to  make  up  that  story;  and  made  them.twliefe 
that  it  could  not  hurt  me,  and  would  gain  them 
friendship  at  Barcaldiue's  hand.  I  truly  be- 
lieve, though  it  were  truth,  that  it  coold  net 
hurt  any  other  person,  though  any  thing  was 
proof  enough  against  a  man  so  ill  looked  upon 
aa  I  seemed  to  be. 

Alexander  Stewart,  packman,  deponed  wt^ 
Teral  falshoods ;  partieulariy  in  regard  of  the 
five  guineas  he  aaid  I  desire<l  him  to  tell  Wil* 
Uam  Stewart  mercliaut  in  Mary  burgh,  to  give 
John  Dow  Breck  credit  in,  for  Allan  Brtck's 
use;  and  his  saying  I  desired  him  to  get  only 
4/.  sterling  from  William  Stewart,  fur  paying 
milk-cows  bought  fbr  his  use  at  Ardshiel ; 
whereas  he  was  only  desired  to  get  8/.  sterling 
fbr  paying  these  cows,  as  they  in  truth  were 
bought  for  William  Stewart's  use. 

I  declare  the  reason  why  I  did  not  challenge 
them  at  the  bar  was,,  that  my  lawyers  desired 
me,  though  1  heard  a  witness  swear  falsely, 
not  to  sfteak,  otherwise  I  should  be  worse 
looked  u|>on  :  so  that  I  hope  the  uubiassed  will 
believe  that  my  silence  did  not  proceed  from 
fear,  as  alledged  by  my  enenues ;  but  in  obe* 
dieuce  to  the  advice  given  me  by  my  counsel, 
which  I  waa  determined  to  follow  whatevor 
should  happen. 

That  tliere  were  plenty  of  bribes  or  rewards 
offered  to  severals,  I  am  well  assured.  Perti* 
colariy,  Donald  Ranken,  herd  to  Ballachelisfa, 
a  young  hoy,  was  offered  eii^hteen  hundred 
merks  ;  which  are  his  own  words:  but  he  WM 
kept  close  prisoner  at  Inverary,  so  that  nooo  of 
my  friends  had  access  to  put  any  questions'  to 
him.  John  Maccombich,  lata  mdler  in  IM 
of  Ardahkli  waa  ofiend  his  fonttcr  poo* 


fno^  Murder* 

\  ^CIIm  fbillf  fur  lelttflg  nny  thing  vroulil 
r  ibtir  liir«.  Duncan  Muceombich  and 
iUcooll«  both  III  L4i{^naha,  were  of- 
Ifcml  u  ifiucli  meftl  ai  thrjr  pleased  to  cnH  for 
aiPtfl-Wiltittiii,  if  th<?y  woulil  make  any  ilis- 
€t>frie4.  1  tiow  letive  itie  world  to  jndf^e, 
utatliBiice  II  inaii  Iih<I  fur  his  liCt*,  whtn  sucb 
Iwibaf  wre  oflTeird  to  p*ior,  ii»uoraHt  country* 

Kf  mt  wtiAt  assurance  can  any  man  have 
iH  bnlies  prpvaiiej  with  some  of  Iho'fc 
vliMmafceuaibP 

Ailir  1I10  miciHnmon  harilhhi|>s  put  upon  me 
Mrfer  mj  eaufioemeut,  thi^y  were  many  ;  »uch 
at,  banif  Imkem  into  custody  without  any  writ- 
Its  w«irstil^  iiririn  ilir  i6th  day  of  May  last; 
^agfwti  thr*»ui:  M  Fot  t-\Vil)iam,  where  1 

ins  fc<|i€  ctir«^  ,  -  notanowed  to  see  any 

a^mj  CnEn4i«  or  any  that  couhl  give  mcconn* 
ael,  tfiiitk  aluHil  the  20tb  of  June,  there  came  a 
UtlvrCrwni  Mr.  IVilhaiit  HiIrou,  directed  to  my 
wlfk,  villi  liir  act  of  parliament  dischart^ing 
9§mm  i■^praaaalent  louger  than  eight  days; 
»ll^,  wfcca  th^wn  to  colonel  Craw  Turd,  who 
tlUi  osnttfttiiletl  the  Kirt  and  troops,  he  al- 
Jbired  my  wife  and  sotue  others  to  see  me: 
^WMiU  ftnt  allow  snch  nsi  1  thought  could 
wmi  nse  to  rne  to  come  near  me  ;  parli- 
If.  w,...^..,  ....^-v^f^rof  Ballachelish» 
f  cait  '■  vices  to  me,  would 

latbtf  ad,. '..  ,    I  . .     .    -'I  Charles  Stewart 

r,  nr  H  ilham  8tettart  merchant  in  ililary* 
gt*l  any  admitiauce.  In  t»hort,  any 
«lio  mmH  Im  iupiK>«<i'd  to  be  of  auy  (ierrice  to 
tm  is  Hiakio^  my  dt-fvnceii,  were  not  perniilted 
IBM  la  na.  1  do  not  impute  this  usage  to 
oIhkI  Crawfurd,  for  whom  1  retain  a  very 

0«ai  rf^r**^*  ^0^  ^^^  *1^*1  "^'  ^'^"^  humanity^ 
Ll  \t9  tm€  gut  a  very  bad  im(>re«isioti  of  Tt'ie 
b  .  ed  prosecutors.     And   when 

fv  Fort- William  some  time  in 

Iwi^^tTiniiii;  ot  July,  »he  new  governor  would 
i^iaD9  to  cQtue  aesr  me,  luru^l  tny  wife 
ttlOiinMil  the  fort,  and  dist  hartred  her  to  stay 
■  Miiybvirgb.  And  in  that  close  situation 
ii^flaftf  itotil  my  indictment  came  to  band 
ll«ttdie  latter  end  of  August ;  su  had  no  way 
ilBiAbi  ii|i  my  defences;  nor  dur^t  auy  of  my 
thcDds  in  ibc  country  offer  to  do  for  me, 
sllisrwbA  would  he  laiil  up  prisouers ;  and 
^tm  vlio  1  expected  liad  inoRt  to  say  for  my 
Aial|HUiOtt«  were  taken  prisuneni,  and  kept 
dtot  lilt  my  that,  to  had  not  access  to  put  any 
fMttiaiM  III  ibom,*  by  wliich  they  were  not 
nady  liiiiiake  iheir  sn«vi«rH  when  called  at  the 
lir»  1  am  far  fiom  vhar^jiog  the  governor 
wkk  Ibii  bard  uia^^c,  who  appears  to  he  a 
but  bud  his  orders  so  to 


A.  a  1752. 


[258 


mktu 


Whan  cny  trial  cams  on,  I  found  il  was  nol 

laljf  Glamuv'*  n>ni,i^.r  |  {^m\  to  answer  for,  of 

vIkIi  1  ibar  \-  ron^cience  could  easily 

civ«r  tzie,  but  -    in d  follies  of  my  fore- 

T«ra  charged  agsiu»t  ma*  such  as  the 


aiUnittatiee  to  the 
js  fsfufcd/*— See 


ttira 


reKetlion  10  1715,  in  17 19^  and  1745 ;  bo  could 
not  be  allowed  the  character  of  an  honest  man: 
not  wit  hidtan  ding  that  I  firmly   belieTe,   tberar] 
was  none  present  but  who  wai  either  himself, 
or  came  ol  people  tliat  were  concerned  in  re-  ' 
bellion  some  time  or  other,    God  forbid  they  j 
should  be  all  called  villains  upon  that  account^ 
as  the  greatest  sinner,  upon  bis  repenting,  may 
turn  saiat> 

I  was  a  schoolboy  in  the  year  1715,  and  was 
but  little  more  in  the  year  1719  ;  and  if  I  hsd  | 
the  misfortune  to  be  concerned  in  the  year ' 
1745,  I  was  indemnified;  and   have  done  no* 
thing  since  to  incur  the  goveroment's  dbplea- 
sure,  that  I  am  cooscioui^  of. 

Another  surprising  charge  against  a  man  ill  i 
a  Christian  oouutry  came  in  against  me;  which  ^ 
was,  that  I  was  a  common  parent  to  fatberlees^ 
children^  and  took  care  of  widows  in  the  coun- 
try, which  gained  uie  great  influence  over  tho  t 
people,  by  which  they  were  much  led  by  me  ; 
or  ^ome  words  to  that  purpose*     I  hope  soon 
to  appear  before  a  judge  who  will  reward  cha- 
rity and  benevolence  in  a  diOerent  way  :  and  I 
only  regret  how  little  service  was  in  my  power 
to  do,  not  only  to  the  fatherless  and  widows,  , 
hut  to  all  maiiKind  in  £;eneral ;  as  1  thank  God 
I  would  make  ait  the  race  of  Adam  happy  if  I  i 
could. 

Another  charge,  aud  a  heavv  <)ne,  was,  thftt 
when  subfactor  to    Glenure   \  exacteil   nior«  | 
rents  of  the  tenants  than  was  paid  to  the  ex- 
chequer, and  which  superplus  rents  1  wrong* 
ously  applied,  eiiher  to  my  own  use,  or  to  tb#  j 
behoof  of  my  brother  Ardshiel's  children. 

I  own  1  did  get  some  acknowtc^lgments  from  ' 
some  of  the  tenants,  with  the  knowledge  and 
consent  of  the  factor  G  tenure ;  and  do  declare^  i 
that  ]   was  as  assiduous  as  in  my  power,  in 
acting  for  the  benetit  of  said  children,  and  that  ' 
1   did  account  to  their  behouf  for  all  1  could  ! 
make  of  these  lands,  over  and  above  the  renl  ] 
paid  to  the  factor :  and  thought  it  no  crime  s(»  | 
to  do  ;  but  to  the  contrary,  thought  it  my  duty, 
to  which  1  was  bound  by  the  tii.8,  not  only  of  J 
nature,  hut  also  of  gratitude,  being  the  dis* 
tressed  of&pring  of  a  very  afiV ctiuuate,  loving  | 
brother,  to  wliom   1  was  under  many  obtiga*  [ 
Lions;  and  whose  niialortunes  (lam  well  as*  | 
sured)  proceeded  from  a  conviction  of  his  doings  I 
his  duty,  ivhich  may  be  conarued   by  some  td  < 
be  owing  to  the  prejudice  of  his  education.  i 

1  do  declare,  that  1   made  no  confession  of  1 
the  crime  alleged  against  me*  at  Invirary,  or  . 
elsewhere ;    and  that  i   had  it  not  to  make.  I 
Nor  can  I  remember,  that  any  then^  asked  mft  J 
Ihequestiou,  excepting  IV]  r,  AlcTitander  Camp*  ^ 
bell  minister  ;  w  ho,  1  am  persuaded,  could  not  < 
be  capable  of  being  author  of  that  fa]i«  calum- 
ny, which  must  have  been  raised  by  some  ma- 
licious persons.     May  God  forgive  ihem  !    ft  ' 
is  very  true,  that  )  told  Air.  Campbell  ]  had  no  I 
personal  love  for  Glenure,  and  iliat  1  was  sorry 
how  few  in  his  neighbourhood  bad.     Eut  1 1 
hop^'  no  man  ivould  construct  that  as  if  J  hadij 
an  intetition  to  muider  him* 

1  aUo  told  biiD«  Uiat  1  had  (he  charity  to  bt> 


S5U]  25  GEORGE  II. 

lie^e,  that  the  bulk  of  the  jury  (lioiigbt  1  had 
some  forcknowleflge  of  the  murder.  Yet  I 
ttill  think,  and  not  without  some  reason,  that 
they  ^ve  themselTes  too  little  tiaie  to  coniider 
the  proofs  of  either  side,  but  gpave  in  their  ver- 
dict upon  the  prepossessed  notion  of  guilt. 
What  must  convince  all  welt-thinking  people 
of  their  being  so  pi*epossesscd,  is  their  stopping 
one  of  my  lawyers  twice  in  his  speech  to  them 
after  the  witnesses  were  examined.  Mr.  Gamp- 
bell  of  South- hall,  if  I  noticed  right,  was  the 
first  that  interrupted  my  lawyer.  There  was 
tome  other  who  also  spoke,  and  who  1  did  not 
know.*  I  am  told  this  is  not  often  practised 
in  Christian  countries;  but  there  are  many 
ways  taken  upon  some  emergencies  for  an- 
swering a  turn ;  and  it  appears  I  must  have 
been  made  a  sacrifice,  whoever  was  guilty. 

As  to  what  Alexander  Campbell  in  Tayna- 
loib  deponed,  That  I  did  not  know  what  I 
should  nelp  any  of  his  name  to,  if  it  was  not  to 
the  gallows ;  I'  do  remember  part  of  what 
passed,  lbou£;h  my  memory  is  not  quite  so 
eoud  as  Mr.  Campbeirs,  or  Colin  Maclaren*s : 
nut  this  far  I  can  safely  say,  npon  the  word  of 
a  Christian  going  into  eternity,  that  I  had  no 
other  intention  in  what  I  said,  than  a  joke; 
and  if  I  bad  any  grudc:e  at  himself  for  being 
Campbell,'  1  was  undtT  no  necessity  to  go  into 
his  house,  as  there  was  another  public  bouse 
within  a  gun-shot  of  his  door. 

As  to  what  Ewan  Murray  and  Colin  Mac- 
laren  deponed,  in  r<^gard  to  my  telling  them, 
that  [  had  given  a  challenge  to  Gienure ;  I  own 
I  was  wrong  in  telling  them  that  story,  as  it 
Was  a  thing  they  had  no  concern  in. 

And  as  to  what  Colin  Maclaren  deponed  I 
should  have  said  upon  the  road,  after  partings 
with  Ewan  Murray ;  1  solemnly  declare  I  dio 
not  remember  one  word  that  passed,  being 
much  the  worse  of  liquor,  as  he  himself  owned 
apon  oath. 

I  do  declare,  that  I  frankly  forgive  all  these 
evidences  and  jury,  as  freely  as  1  want  for- 
giveness of  my  sins;  and  do  from  my  heart 
pray,  that  God  may  pardon  them,  and  bring 
them  to  a  timeous  repentance  ;  and  that  they 
may  not  he  charged  with  my  innocent  blood, 
as  'i  never  intended  any  of  them  the  least 
harm. 

My  dearest  friends  and  relations ;  I  earnestly 
recommend  and  intreatyou,  for  God's  sake, 
that  you  bear  no  grudge,  hatred,  or  malice,  to 
those  people,  both  evidence  and  jury,  who  have 
been  the  means  of  this  my  fatal  end.  Rather 
pity  them,  and  pray  for  them,  as  they  have 
my  blood  to  answer 'for.  And  though  you  hear  j 
my  prosecutors  load  my  character  with  the 
greatest  calumny,  bear  it  patiently,  and  satisfy 
yourselves  with  your  own  conviction  of  my  in- 
nocence. And  may  this  my  hard  fate  put  an 
end  to  all  discords  among  you,  and  may  you 
all  be  unite«t  by  brotherly  love  and  charity. 


Trial  of  James  Stewart. 


[960 


*  **  Two  of  the  jury  did  speak,  when  the  pan- 
nel's  lawyer  was  summing  up  the  proof,  which 
disconcerted  him."    See  Su^lement,  p.  61. 


And  may  the  great  God  pnrfeet  yoa  ail,  aid 
guide  you  in  the  ways  of  peace  and  coocord, 
dnd  grant  us  a  joyful  meeting  at  the  grett  diay 
of  judgment. 

1  remember  Mr.  Alexander  Campbell 
minister  at  Inverary,  for  whom  1  have  a  grett 
value  for  his  kind  and  good  advices,  told  m«, 
that  the  fear  of  discovering  any  of  mr  friendb 
might  be  a  temptation  to  me  from  making  any 
confession  of  my  knowledge  of  that  murder. 

Therefore,  to  do  my  friends  justice,  so  far  m 
I  know,  I  do  declare,  that  none  of  my  friends, 
to  my  knowledge,  ever  did  plot  or  concert  tbtft 
murder ;  and  I  am  persuadeil  they  never  eos^ 
ployed  any  person  to  accomplish  that  cowardly 
action ;  and  I  firmly  believe,  there  is  none  of 
my  friends  who  might  have  a  quarrel  with  thtft 
gentleman,  but  had  the  honour  and  resolutioft 
to  offer  him  a  fairer  chance  for  his  life,  than  to 
shoot  him  privately  from  a  bush. 

Mr.  Brown  of  Colston,  Mr.  Miller,  Mr. 
Stewart  younger  of  Htewarthall,  and  Mr. 
Mackintosh,  were  my  counsel,  and  Mr.  Stewart 
of  Edinglassie  my  agent.  I  do  declare,  that  I 
em  fully  satisfied  they  did  me  justice;  and 
that  no  part  of  my  misfortune  was  owing  to 
their  neglect,  or  want  of  abilities.  And  as 
they  are  men  of  known  honour,  I  hope  tbey 
will  do  justice  to  my  behaviour  during  the 
trial. 

I  c[ive  it  as  my  real  opinion,  that  if  Allat^ 
Breck  Stewart  was  the  murderer  of  Glenare, 
that  he  consulted  none  of  his  friends  aboot  it. 

I  conclude  with  my  solemn  declaration,  tluik 
I  tamely  submit  to  this  my  lot,  and  severe  sen- 
tence ;  aud  that  I  freely  resign  my  life  to  the 
will  of  God,  that  gave  me  my  first  breath ; 
and  do  firmly  believe,  that  the  almighty  God, 
who  can  do  nothing  without  a  good  design, 
brought  this  cast  of  providence  in  my  way  for 
my  spiritual  good. 

I  die  an  unworthy  member  of  the  episoopal 
chuiTh  of  Scotland',  as  established  before  the 
Revolution,  in  full  charity  with  all  mortals; 
sincerely  praying  Go<l  may  bless  all  my  friends 
and  relations,  benefactors  and  well-wishers; 
particularly  my  poor  wife  and  children,  who 
in  a  special  mauner  I  recommend  to  his  ditine 
care  and  protection  ;  and  may  the  same  God 
pardon  and  forgive  all  that  ever  did  or  wished 
me  evil,  as  I  do  from  my  hipart  forgive  them. 
I  die  in  full  hopes  of  mercy  ;  not  through  any 
merit  in  myself,  as  I  freely  own  I  merit  no 
good  at  the  hand  of  my  offeniled  God ;  but 
my  hope  is  through  the  b'looil,  merits,  aud  me- 
diation of  the  ever  blessed  Jesus,  my  Redeemer 
and  glorious  Advocate,  to  whom  I  recommend 
my  spirit.  Come,  Lord  Jesut>,  come  quickly. 
James  Stewart. 

Mr.  Coupar,  minister,  showed  me  sooM 
queries  a  few  days  a^o,  which  ho  was  desired 
to  put  to  me.  They  arc  all  answered  already 
in  my  speech,  excepiiug  two ;  which  are» 
Whether  I  knew  Allan  Breck's  route  from  Bnl- 
lachelish  to  Koalisnacoan,  and  from  thence  to 
Rannoch,  before  the  murder  happened  P  An- 
swer, I  declare  before  God,  1  dia  not.    Whe* 


161] 


Trial  ofM.  Sfuires  and  S.  Wills. 


A.  D.  1753. 


[S62 


Ihcr  I  iDlereeded  with  James  Drammoad,  in 
the  Tolboolb  of  Edinburgh,  to  persuade  or  en- 
tioe  his  brother  Robert,  who  was  already  out- 
jawedl,  to  murder  Gleuure,  and  that  I  would 
gite  him  m  good  gun  for  that  purpose,  and 
money  for  carrying  him  off  the  country,  and 
•that  Ardshiel's  interest  would  procure  him  a 
t&mmimioo  in  France  ?  Answer,  I  declare  be- 
IsR  God,  there  never  passed  such  words  be- 
twiit  James  More  Drummond  and  me,  or  any 
to  that  effect.      James  Stewart. 


**  Notioe  has  already  been  taken  of  this  James 
Jfoie  Drammond ;  a  fellow  nursed  in  villany  ; 
wbe  havinff  been  disappointed  in  the  scheme, 
lie  owned,  lie  had  laid  for  procuring*  favour  to 
Umaelf,  did,  in  order  to  supply  the  want  of  his 
ma  9oe€  testimony  against  James  Stewart  at 
loTcrary,  send  thither  one  in  writing,  declaring 
ai  above  in  the  postscript  of  the  dying  speech. 
This  dcdaration  had  been  perused,  and  was 
tested  npDQ  by  one  at  least  of  the  lawyers  of 
Ihe  edier  lide,  as  mav  be  seen  in  the  penult 
wd  feUoving  lines  or  the  84th  page  of  the 
trial;  mad  was,  it  is  said,  banded  about  among 
tbcjnijioen  in  court.    It  was  acknowledged 


afterwards  by  Macgregor  himself,  who  had 
the  impudence  to  call  at  a  gentleman's  house, 
November  17,  the  day  after  lie  maile  his  escape 
out  of  Edinburgh  castle ;  where  being  chal- 
lenged for  making  such  a  declaratiun,  he  did 
not  pretend  to  deny  it,  but  averred,  that  every 
thing  lie  had  said  in  it  was  true."  Supplement 
to  the  Trial  of  James  Stewart. 

The  notice  which  had  been  already  takcQ 
of  James  More  Drummond,  alias  Macgregor, 
in  p.  4  of  the  Supplement,  is,  that  he  was  a 
sou  of  the  noted  Rob  Roy  Macgregor,  (as  to 
whom  see  Home's  History  of  the  Rebellion) 
that  his  name  had  been  inserted  in  the  list 
of  witnesses  against  the  prisoner  James  Stew- 
art, when  he,  Drummond,  was  a  prisoner  in 
the  Tolbooth  of  Edinburgh,  having  been 
only  three  weeks  before  (viz.  Aug.  5,)  found 
guilty  of  a  capital  crime,  and  ordered  by  the 
lords  of  justiciary  to  be  kept  in  close  prison  till 
sentence  'should  be  passed  upon  hint,  that  he 
was  not  carried  to  Inverary  by  reason  of  an  ex- 
press prohibition  from  above,  but  was  removed 
soon  thereafter  from  the  city  prison  to  that  of 
Edinburgh  castle  for  the  benefit  of  better  air. 


.530.  The  Trial  of  Mary  Squires  and  Susannah  Wells,  Widows, 
for  an  Assault  and  Felony  committed  on  the  Person  of  Eliza- 
beth Canning,  at  the  Sessions-House  in  the  Old-Bailey,  before 
the  Right  Hon.  Sir  Crisp  Gascoyne,  knt.  Lord  Mayor  of  the 
City  of  London,  the  Hon.  Mr.  Justice  Wright,  the  Hon.  Mr. 
Justice  Gundry,  the  Hon.  Mr.  Baron  Adams,  William  More- 
ton,  esq.  Recorder,  and  others  his  Majesty's  Justices  of  Oyer 
and  Terminer  of  the  City  of  London,  and  Justices  of  Gaol- 
Delivery  of  Newgate,  holden  f<Jr  the  said  City  and  County  of 
Middlesex,  on  Wednesday  the  2 1st  of  February,  and  continued 
till  Monday  the  26th:  25  George  H.  a.  d.  1753.* 

Mary  squires,  widow,  and  Susannah 
Wdlt,  were  ioilicted ;  the  first,  for  that  8he,  od 
Ihc  8d  of  January,  ib  the  dwelling-house  of 


*  The  atory  of  Elizabeth  Canning  excited 

a  moat  lifely  and  extensive  interest.     Her  ve- 

ocity  waa  aiaintaioed  and  denied  with  the  ut- 

iMMt  vcbemenco  of  opposition.     It  occasioned 

duly  litigations  in  the  news-papers,  and  other 

fariodacal  nrinta,  and  gave  rise  to  numerous 

Uparate  poblicaiions,  of  various  sorts  and  di- 

Mfnsiang.    The  eager  siinplicily  with  which 

Ac  partizans  of  the  girl  (like  the  foolish  con- 

wltera  of  a  conjuror)  ha<l  by  their  questions 

^Hfgislnd  to  her  materials  for  her  answers,  is 

wdl  exhibited  by  Mr.  Ramsay  the  painter,  in 

m  mmj  which  he  published  under  tlie  title  of 

M  Ladw  lioMi «  Ckigy  man  to  a  Nobleman, 


Susannah  Wells,  widow,  on  Elizabeth  Cannings 
spinster,  did  make  an  assuult,  puttinji^  her  the 
said  Elizabeth  Canning  in  corporal  fear  and 
danger  of  her  life,  and  one  pair  of  stays,  value 
10s.,  the  property  of  the  said  Elizabeth,  fium 
her  person,  in  the  dwelling  house,  did  steal, 
take,  and  carry  away.     And 

The  latter,  Vor  that  she,  well  knowing  hrr 
the  suid  Nary  Squires  to  have  done  and  com- 
mitted the  felony  aforesaid  on  the  said  '2d  of 
Jajiuary,  her  the  said  Mary  did  then  and  there 
feloniously  receive,  harboiir,  comfort,  conceal, 
and  maintain,  agaiuKt  his  majesty'^  peace,  aiid 
against  the  form  of  the  statute. 

Elizabeth  Canning  sworn. 

Elizabeth  Canning,  I  had  been  to  Sali-Petra 
Bank  to  see  an  uncle  and  annt ;  his  name  is 


S63j 


25  GEORGE  11. 


Trial  ofM.  Squires  and  S.  WellSf 


[204 


Thomas  Collej.  I  set  out  from  home  about 
eleFen  in  llie  forenoon,  and  stayed  there  till 
about  nine  at  night,  on  the  Ist  of  January ; 
then  my  uncle  and  aunt  came  with  me  as  far  as 
Aldgate,  where  we  parted  ;  I  was  then  alone, 
8o  came  down  Houndsdiich,  and  OFer  Moor- 
ilelds  by  Bedlam  wall;  there  two  lusty  men, 
both  in  i^reat-coats,  laid  hold  of  me,  one  on  each 
aide ;  they  said  nothing  to  me  at  first,  but  took 
half  a  guinea  in  a  little  box  oat  of  my  pocket, 
and  Zu  that  were  loose. 

Q.  Which  man  took  that?— Canning.  The 
man  on  mv  right  hand.  Thev  took  my  gown, 
apron,  and  hat,  and  folded  them  up,  and  put 
them  into  a  great-coat  pocket.  1  screamed 
out ;  then  the  man  that  took  my  gown  put  a 
handkerchief,  or  some  such  thinjjf,  to  my  month. 

Were  there  any  persons  walking  near  you  at 
that  time? — I  saw  nobody.  They  then  tied 
my  hands  behind  me ;  aAer  which  one  of  them 
gave  roe  a  blow  on  the  temple,  ami  said,  Damn 

Tou,  ^ou  bitch,  we'll  do  for  you  by  and  bye. 
having  been  subject  to  convulsion -fits  these 
four  years,  this  blow  stunned  me,  and  threw 
me  directly  into  a  fit. 

Are  these  fits  attended  with  a  struggling  ? — 
I  don't  know  that. 

What  happened  afterwards  ?— The  first  thing 
that  I  remember  after  this  was,  1  found  myself 
by  a  large  road,  where  was  water,  with  the 
two  men  that  robbed  me. 

Had  you  any  discoufse  with  them  ?— I  had 
none ;  they  took  me  to  the  prisoner  Wells's 
house. 

About  what  timd  do  you  think  it  might  be  F 
—As  near  as  I  can  think,  it  was  about  four 
o'clock  in  the  morning.  I  had  recovered  from 
my  fit  about  half  an  huur  before  I  came  to  the 
house.  They  lugged  me  along,  and  said,  You 
bitch,  why  don't  you  walk  faster?  One  had 
hold  on  my  right  arro,aud  the  other  on  the  left, 
and  so  pulled  me  alontr. 

Can  you  form  any  judgment  in  what  manner 
you  was  conveyed  to  the  place  before  you  re- 
covered of  your  fit  ? — \  think  they  dragged  me 
along  hy  my  petticoats,  they  beinc^  so  dirty. 

When  you  came  to  ^^'ells's  house,  was  it 
day-light? — No,  it  was  not;  I  think  it  was 
dajvlight  in  about  three  hours,  or  better,  after  I 
WM  there ;  which  i:$  the  reason  1  believe  1  was 
carried  in  about  four  o'clock. 

When  you  was  carried  in,  what  did  you  see 
there? — 1  saw  the  gypsey-woman  inquires, 
who  was  sitting  in  a  chair,  and  two  young 
women  in  the  same  room ;  Virtue  Hall  (the 
evidence)  was  one ;  they  were  standing  against 
a  dresser. 

Did  you  see  the  prisoner  (Wells)  there? — 
No,  I  did  not.  As  soon  as  I  was  brought  in, 
Mary  Squires  took  me  by  the  hand,  and  asked 
me  if  1  chose  to  go  thf*ir  way,  saying,  if  I  did, 
I  should  have  fine  clothes.    I  said,  No. 

Did  she  explain  to  you  what  she  meant 
^y  fi^oing  their  way?— )fo.  Sir.  Then  she 
went  and  took  a  knift  out  of  a  drever-drawer, 
and  cut  the  lace  of  my  ttoy  t,  and  took  them 
from  me. 


Had  yoo,  at  thst  time,  any  apprehensions  of 
danger  ? — I  thought  she  was  goiujpf  to  cut  my 
throat,  when  I  saw  her  take  the  knife. 

Did  you  see  the  prisoner  (Wells)  at  that 
time? — No,  I  did  not. 

Was  any  thing  else  taken  from  yoo  ?— There 
was  not  then ;  but  Squires  looked  at  my  pettH 
coat,  and  said,  Here,  vou  bitch,  you  may  keep 
that,  or  I'll  give  you  that,  it  is  not  worth  mucb^ 
and  gave  me  a  slap  on  the  face. 

Had  she  the  petticoat  in  her  hand  ?— No,  it 
was  on  me.  After  that,  she  pushed  me  up 
stairs  from  out  of  the  kitchen,  where  we  were. 

Describe  the  kitchen  ?— The  kitchen  was  at 
the  right  hand  going  in  at  the  door,  and  the 
stairs  are  near  the  fire. 

How  many  steps  to  them  ?— There  are  ^Nir 
or  five  of  them. 

What  did  they  call  the  name  of  the  place 
where  they  put  you  in  ? — ^They  cxdl  it  the  hay^ 
loft.  The  room-door  was  shot  as  soon  as  I 
was  put  up. 

Was  it  fastened?— I  don't  know  that;  it 
was  at  the  bottom  of  the  stairs  in  the  kitchen. 
AfWr  she  shut  the  door,  she  said.  If  ever  die 
heard  me  stir  or  move,  or  any  such  thiof, 
she'd  cut  my  throat. 

Did  you  see  any  thing  brought  up  to  eater 
drink  ? — I  saw  nothing  brought  up.  When 
day -light  appeared,  I  couM  see  about  the  room  $ 
there  was  a  fire-place  and  a  grate  in  it,  no  bed 
nor  bedstead,  nothing  but  hay  to  lie  upon ; 
there  was  a  black  pitcher  not  quite  full  of  water, 
and  about  twenty-four  pieces  of  bread.  [A  pitcher 
produced  in  court.]  This  isthepitclier,  wbicb 
was  full  to  near  the  neck. 

How  much  in  quantity  do  you  think  these 
twenty-four  pieces  of  bread  might  he? — I  be* 
lieve  about  a  quartern  loaf. 

Had  you  nothing  else  to  subsist  on  ? — I  bad 
in  my  pocket  a  penny  mince-pye,  which  I 
bought  that  day  to  carry  home  to  my  brother. 

How  long  did  you  continue  in  that  room  ?-« 
A  month  by  the  weeks,  all  but  a  few  hours. 

What  do  you  mean  by  a  month  by  the  weeks? 
—I  mean  a  four-weeks  month. 

Did  anjr  body  come  to  you  in  the  room  dur- 
ing that  time  ?— No,  Sir,  nobody  at  all.  Ola 
the  Wednesday  before  I  came  away,  I  saw 
someboily  look  through  the  crack  of  the  door, 
but  don't  know  who  it  was. 

Did  you,  during  the  time  you  was  in  thie 
confinement,  make  any  attempts  to  come  down 
stairs,  or  make  your  escape  ? — No,  Sir,  1  did 
not  till  the  time  I  got  out. 

Had  you  anv  thing  to  subsist  on  during  the 
time,  besides  the  pieces  of  bread,  penny -pye, 
and  pitcher  of  water  ? — No,  I  had  not. 

At  what  time  did  you  g^t  out  ? — I  got  enl 
about  four  o'clock  in  the  afternoon  on  a  Men- 
day,  after  I  had  beeu  qonfined  there  four  weeki^ 
all  but  a  few  hours. 

How  did  you  get  out? — I  broke  down  a 
board  that  was  nailed  up  at  the  inside  of  a  win* 
dow,  and  got  out  there. 

How  high  was  the  window  from  the  groond  F 
— ^deecribeditbythehcightof  aplaeeiv 


for  an  Auatdl  and  Felony. 


A.  D.  1759. 


[866 


liSettionK-iioii^r,  which  was  aboiil  flight  or 

ffinri  ill  J  4 1  \     Fiftl  I  ip»t  my  head  oat,  and 

1  bj  the  \fall,  autl  tfot  my  body 

hat  1  fnrned   [iiyaell  rotinil,  and 

ifito  a  Utile  ourrow  |ilace  by  4h  lane, 

fr-H  brliiud  i«, 

•  *e  jufnfi  hurt  yoa?— No,  il  was 

;tii  thm  ?— It  was. 

you  do  for  clolhing-? — I  took  tn 

'     '  J  Hiti  and  n  huodkerchiert  that 

d'tf  and  hv  in  a  grate  io  the 

^i  Eiriiijt^ed  in  court.]    1  made   my 

m%  gelting'  out ,    the  handkerchief  1 

-  Oij^  hemil  instead  uf  a  cap,  it  ivas  ?ery 

I  jroo  lk#e  any  hody  when  you  jumped  out 
Um  wtii4ow  f — No,  nobody  at  atl ;    then  I 
i  Oft  Ibe  liack-tide  the  house  up  a  lane,  and 
\  ft  tittle  brook,  ami  over  two  tields,  as  I 
1   dill  not  take   notice  how  many 
t^^alh-way    brought    nie    by    the 
i*«dr.    Ttirn  I   went  by  the  road  straight 

If^  knew  the  way  ? — I  did  not. 
-  mil  no  Cftll  at  any  house  ? — No»  I  did  not. 
Ililni»  Im  o'clock  I u»i  na  1  came  oirer  iVIoor- 

'  uit  a  quarter  after  to  my 
nnaribury, 

y  b<»dy  with  your  rols' 

—  No,  !  did  not. 

.^^  wifli  Hrst? — 1  met  with 

At ;    then  I  saw  my  mother 

J.      8he  went  intu  a    til  di* 


iBotker 


tb  top: 
ttiA   lllr 


lirifflili^l 

11^  ' 


oil  £r^ipe  io  aecount  to  any  body  how 

n   treated  ?— Yes,    I   did  to  Mrt. 

who  catne  to  see  me,  that  I  had 

bread    and     water.     Site    waa    lO 

the  ctiuUi  not  uvk  me  any  questiona 

Mr.   Wiutlfbnry   came  in,  with 

i  senrant  hd'ore  I  went  to  live  with 

;   he  took  me  by  my  hand,  and  asked 

1  had  been  f     1  said^  Sir,  in  Hert> 

'  ir| ;  he  aftid,  Bet,  bow  do  you  know 

J.  because    I   saw  my  mistresses 

^u  by,  which  she  used  to  go  into 

into  Hertf(inl«hire,  that  was  Mra. 

I     I    kuew  the  coach,  because  J 

•0  carry  ibiogi  to  it,  and  fetch  them  back 

li  jton  isked  any  questions  about  the  room 

J  IMl  Big^bt,  and  wliat  v'fU  had  to  subsist 

I— Yen,  Uiere  were  many  people  came  in, 

1  I  loM  thi?m   \    hnd  a  jutf  which  was  not 

!  fo  i !  'V  axked  me  how  much  ? 

imi  1  •-  Hiter  than  a  g^allon  of  it: 

Ibty  «a^  '  j^»t  out  Y  HUd  I  said, 

1  livkr  tind  had  toni  my 

WriiiKcitmg  out,  ivuirii  bied  all  the  way  com* 

Wliai  iliingi  did  you  observe  io  this  hay- 
Mi?— Tlicf«  was  a  barrel,  a  saddle,  a  basun, 
smI  b  ibbicco-maQy* 

Wb«t  da  you  mean  by  a  tobftcco-oiould  Y — 1 
AMO  %mek  a  tbioK  that  they  do  up  peiioy- 
»flnkiifftobiic€owith« 


[Cros8^xamination<] 

How  lonf^  niii^ht  these  two  men  continut] 
with   you  in  Moortit^lds? — About  half  an  hour. 

Did' any  body  pass  by  at  the  lime  f — Nohodjf 
at  all. 

Was  this  boXf  that  contained  yonr  huirgfuinea| 
taken  out  of  your  pocket?— Yes,  8ir,  it  was.       ' 

Had  you  any  thing  else  in  your  pocket  ? — I 
had  a  pocket-handkerchief  with  a  pye  in  it, 
which  1  did  not  lose. 

Was  there  any  light  near  this  place  where  ! 
you  was  ilr^^t  attacked  ? — There  was  a  lamp. 

Jlafe  you  recollected  how  lonff  you  lay  in 
this  fit  betore  yoo  CAme  to  yourself?—!  C4inool 
be  sure,  but  it  was  about  lislf  an  hour  before  1 
arrived  in  Wells^s  bouse. 

During  the  time  of  your  first  being  attacked,  , 
whether  you  had  any  degree  of  sense  at  all  F— < 
Not  till  half  an  hour  before  I  came  I  o  that  house. 

Had  you  sense  enough  of  any  sort  lo  know 
by  what  means  you  was  conducted  ? — I  think 
they  dragi^ed  me  along:  by  my  petticoats^  tlvey 
were  made  so  dirty  ;  but  J  was  not  sensible. 

Was  you  in  any  surprise  when  she  took  yoor  ] 
stays  f — 1  wasiu  a  great  surprise,  and  atrofii  i 
tremble. 

Then  how  can  3'ou  tell  who  was  there  at  the 
time? — ^The  terror  made  me  look  about  me  ta 
see  what  company  was  there. 

How  long  did  the  two  men  stay  in  the  roomf  j 
—They  btayeU  no  longer  than  till  they  saw  my 
stays  cut  off,  then  they  went  away,  before  I 
was  put  up  in  the  loth 

Did  not  you  make  an  attempt  to  get  out  be* 
fore  tliat  Monday  you  talk  on  ? — I  did  not 

How  came  you  not  to  make  an  ntlcippt  be»4 
fore? — Because  I  thought  they  might  let  mo^ 
out ;    it  ne^er  came  into  my  head  till  thftl 
morning. 

Where  was  you  sitting,  when  you  saw  some- 
body peep  through  the  crack  of  the  doorf^ — I 
was  walking  along  the  room. 

How  wide  was  this  crack  ? — It  was  ibout  1  ^ 
quarter  of  an  inch  wide. 

Did  not  you,  in  the  whole  twenty-seven  days, 
perceive  where  you  was? — t  did  in  about  % 
week  after,  by  seeing  the  coach  go  by,  ^^l 

Was  not  you  extreme  weak  ?--l  was  pretlj 
weak.  "f* 

Was  you  ever  that  way  before  ? — Nik"  "^l 
never  was.  .  r 

Did  not  you  pass  maov  houses  tn  your  vray  | 
home  ? — I  did,  and  asked  my  way  of  people  on 
the  road. 

How  came  you,   being  in  that  deplorable 
csoodition,  not  to  go  into  some  house,  and  relate 
the  hardships    vou   had    ffone    through  ? — I  I 
thnuj^ht^  if  I  did»  may  be  Imight  meet  some* 
body  lielonging  to  that  bonse. 

Did  you  see  the  prisoner  (Wells)  while  yon  j 
were  in  thatconlinement? — I  never  mw  her  in  ( 
the  house  stall  till  I  went  down  afterwardtt 

Had  you  any  of  your  fits  while  in  that  room  t  1 
-*I  had  not,  but  waa  liuotiiig  and  sick.  I 

Squire*.  1  ne?er  saw  that  witness  ia  my  life» 
time  tiU  Uii#  day  three  weeki. 


S67j 


25  GEORGE  II. 


Trial  ofM.  Squires  and  &  WdU^ 


[268 


Uovr  was  the  prisoner  (Squires)  dressed, 
wheo  you  was  carried  in  ? — She  was  sitting  in 
her  (To^Df  with  a  handkerchief  about  ber  head. 

Did  joa  never,  during  all  the  time,  try  if  Ibe 
4oMr  was  fastened  or  not? — 1  did  once  push 
•gaiuRt  it  with  my  hand,  and  found  it  fast 

Had  you  used  to  hear  any  body  in  the 
kitchen  F — 1  beard  people  sometimes  blowing 
the  ftre,  and  pttsing  in  and  oat.  Tliere  was 
another  room  in  ivhioh  I  beard  a  noise  at 
nights,  but  the  house  was  very  quiet  in  the 
day-time. 

Did  you  eat  all  your  bread  ? — I  eat  it  all  on 
4he  Friday  before  I  got  out ;  it  was  quite  bard, 
and  I  used  to  soak  it  m  the  water. 

When  did  you  drink  all  your  water  P — I 
drank  all  that  about  half  an  hour  before  I  got 
out  of  the  room. 

(Upon  being  asked  where  she  did  her  ooca- 
■aions  while  in  the  room,  she  answered,  she  never 
had  had  any  stool  while  in  eou6nement,  she 
bad  only  made  water.) 

Virtue  Rail  examined. 

Hall.  I  know  the  two  prisoners  at  the  bar ; 
Wells  lived  at  Enfield -Wash ;  I  went  and 
lived  there  as  a  lodger.  Mary  Squires  lived 
in  the  boose, and  had  been  thereabout  seven  or 
eight  weeks. 

Q,  How  long  before  E.  Canning  was  brou^ 
in  ?~^HalL  Abont  a  fortnight  before,  which 
was  on  tbe  9d  of  January,  about  four  in  the 
morning ;  .she  Was  brought  in  there  h}f  two 
men ;  John  Squires  was  one  of  them,  he  is  son 
to  Mar^  Squires ;  the  other  man  I  don't  know 
any  thing  of;  1  never  saw  him  before. 

How  was  she  dressed  when  brought  in  ?— 
She  had  no  gown  on,  or  bat  or  apron. 

Who  was  in  the  house  at  the  time? — There 
was  I  and  Mary  Squires,  the  prisoner  and  her 
daughter.  The  gypseyman  said,  Mother,  I 
have  brought  you  a  ^rl,  do  you  take  her : 
then  she  asked  £.  Canning,  whether  she  would 
go  her  way  ? 

What  dfid  she  mean  by  that  f— She  meant 
Ibr  her  to  turn  whore ;  but  she  would  not. 

-Do  you  mention  this  by  way  of  explanation, 
or  as  words  that  she  said  r — As  words  that  she 
•aid  ;  then  Mary  Squires  took  a  knife  out  of  a 
drt»iRer-drawer  in  the  kitchen,  and  ripped  the 
lace  of  her  stays,  and  pnlleil  them  off,  and  hung 
them  on  the  back  of  a  chair  in  the  kitchen,  and 
pushed  her  up  into  the  room,  and  said.  Damn 
70U,  go  up  there  then,  if  you  please;  then  the 
man  that  came  in  with  the  gypsey's  son,  took 
the  cap  off  E.  Canningf's  head,  and  went  out  a 
doors  with  it ;  the  gypsey-man  John  Squires 
took  the  stoys  off  tbe  chair,  and  went  out  with 
them. 

Where  was  E.  Canning,  when  the  two  men 
took  away  tbe  things  ?— She  was  then  up  in 
the  room. 

Had  you  ever  been  in  that  room?— I  had, 
before  she  was  brought  there,  several  times. 

What  was  the  uame  they  call  it  by  ?— They 
call  it  by  the  name  of  tbe  workshop  ;  there 
wai  a  great  deal  of  hay  in  it^  they  only  p«t 


lumber  in  it :  there  was  a  great  many  pieces 
of  wood,  a  tobacco -mould,  and  this  black  jug; 
about  three  hours  after  the  young  woman  was 
put  up.  Nary  Squires  filled  the  jug  with  water, 
and  carried  it  up. 

How  do  you  know  it  was  three  hours  af\eip 
—Then  it  began  to  be  lightish. 

Did  you  hear  auy  talk  between  them  aflcr 
she  I  was  iu  the  room? — They  took  care  I 
should  know  but  little. 

Has  Susannah  Wells  a  huslraod? — No,  sho 
has  not :  when  I  went  out  of  the  kitchen,  I 
went  into  the  parlour ;  Wells  said.  Virtue  tid^ 
the  gipsey<man  came  in  and  told  me,  th«t  his 
mother  bad  cut  the  stays  off  the  young  woman's 
back,  and  he  had  got  them ;  and  she  bid  no 
not  to  say  any  thing  to  make  a  clack  of  it| 
fearing  it  should  be  known. 

How  long  was  you  in  that  house  ? — I  wis 
there  a  quarter  of  a  year  in  all,  if  not  more ;  I 
was  there  the  whole  time  E.  Canning  wif 
there  ;  but  I  never  saw  her  once  after  she  wat 
put  up  into  that  mom.  I  was  the  first  that 
missed  her  ;  I  asked  the  gypsey-woman  onoi^ 
whether  that  girl  was  gone  ?  She  anaweied» 
What  is  that  to  you,  you  have  no  busineH  with 
it :  but  I  durst  not  go  to  see  if  she  was  gone.; 
if  I  had,  very  likely  they  would  have  served 
me  so. 

Did  you  ever  see  the  other  man  after  that 
night? — No,  I  never  did. 

Who  lodged  in  the  house  at  tbe  time  bcsidci  ? 
—There  was  Fortune  Natus  did. 

Did  Mary  Squires  continue  in  the  bouse  hwf 
after  this  ? — She  did,  till  we  were  all  taken  ujb 
which  was,  I  think,  on  tbe  l*hursday  after  tbe 
young  woman  was  gone. 

What  was  you  in  that  bouse  ? — I  went  tboe 
as  a  lodger ;  but  1  was  forced  to  do  as  they 
would  have  me. 

Mary  Squires.  What  day  was  it  that  tbs 
young  woDuin  was  robbed  ? 

Court.  She  says  on  the  morning  of  the  Sad 
of January. 

M.  Squires.  I  return  thanks  for  telling  mc^ 
for  I  am  as  innocent  as  the  child  unborn. 

Wells.  How  long  were  these  people  (mean- 
ing  the  gypsies)  at  my  house  in  all,  from  fiial 
to  last  ? 

Hall.  They  were  there  six  or  seven  weeks 
in  alt ;  they  had  been  there  about  a  fortnight 
before  the  young  woman  was  brought  in. 

Did  you  ever  see  this  cap  or  bed-gown  b^ 
fore  ? — Not  to  my  knowledge. 

Thomas  ColUy  sworn. 

Colley.  I  am  E.  Canning'8  uncle ;  I  live  at 
Sah-Petre  Bank  ;  on  the  New -year's  day  sIm 
dined  and  supped  at  my  house,  aud  went  away 
about  niiip  in  the  evening,  as  near  as  I  cas 
guess ;  I  and  my  wife  went  along  with  her  to 
Uoundsditch,  almost  to  the  blue-Ball ;  tbcfO 
we  parted  with  her,  about  a  quarter  or  very  near 
half  an  hour  afier  nine  o'clock. 

How  was  she  cloth^?-^he  bad  agow% 
bat,  and  white  apron  on. 

2 


Jbr  an  AstauU  and  FeUmy* 
SUmbeth  Cunning  gw^rn. 


A*  D.  1753. 


[270 


Canning,     E,  Canning  that  Ims  gifen  her 

Viirfrnr*'  h  my  ilaoghter ;  after  ebe  was  miss- 

1  I   Nei»-year*3  day,    I  adv^rtiiieil  her 

I  ^  L*s  ;  »he  cmme  biick  on  the  day  before 

•  ^mi^  i^harlrs^s   >I«riyvdom,   about  a  quarter 

leu  u*cl<ickat  nifi^fit ;  she  liad  nothing  but 

bed-gown  and  a  cap;  1  feiJ  into  a 

tly  ;  my  dau lighter  is  subject  to  tits ; 

vrfi«  ■  i;aiTet-cieling  feU  in  U|Km   her 

-Mhicb  first  occasioiieil   llieni ;    and  at 

when  any  botly  speaks  hastily  to  lier,  or 

my  "-uriH  ize,  she  is  »efy  liable  to  fall  in 

«he  Ua^Jiometimescoohiiued  in  one  seven 

;lil  hours,  sometimes  three  or  lour;  fche 

seDsibie  during  the  time  she  is  in  one, 

va  more  than  a  ne^v-born  babe  ;  when  1  came 

to  myself,  my  daughter  was  lalkinir  to  Mrs. 

Wooilward  aud   Mr*   Winilebury  ;  they  asked 

W  where  she  had  been  ?  she  said  on  the  Hert- 

Ibrdtbire  road,  winch  she  knew  by  seeing  a 

going  by  ;  she  t*af  e  the  same  account 

here.     When  site  came  into  her  warm 

m  waa  fery  sick,  and  ii»d  no  free  pamage 

her  fbrsKKiI  or  urine,  till  she  was  sup* 

plied  with  glv^ers,  for  se^'en  days  after  she 

ttmt  hmne,  but  what  fi-aslbrced  by  half  a  cup* 

fm  ft  a  time* 

John  WintUburtf  sworn, 

Wmlffbufy.  I  fa\T  EH^stWth  Canning  the 
ai<^bt  she  came  home  ;  she  appeared  in  a  rery 
m  fondiliun,  and  bud  this  dirty  bed-gown  and 
Cip  OQ.  Hearing  she  was  come  home,  1  went 
taher  mother^s  house,  and  ftaid,  Bet^  how  do 
lott  do?  She  said,  !  am  very  bad.  Said  I, 
Where  hatt;  yim  been?  8he  said,  I  have  been 
lomcwbere  on  the  HertfordsbiiT  road,  because 
Ihtfe  seeti  the  Hertfordt>hire  coach  go  back< 
Nrdt  and  forwards. 

4.  Hare  yon  heard  the  evidence  she  has 
fi^B  here  in  court .^ — WintUhury,  I  have; 
ibffave  the  same  account  Uiat  nijrht,  but  not 
^wfe  so  fully  that  tii^ht,  as  she  did  before  the 
atiiiHf  ahlermijn  on  the  Wednesday  after;  hut 
^larreea  with  whiit  she  has  said  here.  1  found 
iNrin  a  great  Uurry,  so  did  not  ask  her  many 
fMoQS  that  night. 

Jouph  Adamton  sworn. 

iiam$on.  1  ^lave  known  Elizabeth  Canning 
i|youugerson»e  years.  I  never  saw  her  after 
iktcame  homci  ^>1l  t^^  ^^y  ^'^  wettt  down  to 
like  the  peuide  up.  I,  and  several  neighbours 
•f  «t,  ai^'reed  to  go  to  the  [dace,  aome  on  horse* 
bek,  And  some  in  the  coach  with  E,  Canning. 
1  Wis  down  about  au  hour,  or  an  hour  and 
Mf,  before  the  coach  came,  and  hiiil  secured 
•II  the  people  we  found  there.  1  seeing  the 
J^iim  benwe  she  wa^  brought  in,  thought  she 
^  capable  of  giving  some  account  of  it:  I 
keil  to  uieet  her  find  asked  her  about  it ; 

^ •     *  the  room  with  some  hay  in  it,  a 

tiiii  in  the  corner  of  it,  an  odd  sort 

•'f  -i.  '  P..|MN  room.     1  went  with  her  to  the 
Wasc,  Mud  carried  her  ont  of  the  chiise  into 


the  kitchen,  und  set  her  on  the  dresser,  and  of- 
tiered  all  the  people  to  bt  brought  to  her,  to  see 
U  nhi}  knew  any  of  ihern;  she  was  then  very 
weak.  1  took  her  in  my  arnns  like  a  child. 
Upon  seeing  Mary  8qnires,  she  said,  That  is 
the  woman  that  cut  my  stays  off,  andthreateu* 
ed  to  cot  my  throat  if  I  made  a  noise, . 

Q,  l>id  any  of  the  people  aeem  un#f  ITing  to 
be  inspected  ? — Adamson,  Yes,  Ihey  were  very 
un witling  to  be  stopped,  %vhen  we  went  down 
in  the  morning,  particularly  Mary  Squires  ; 
after  the  girl  had  saiij  thi«i  of  Squires,  Squires 
said  to  her,  She  hoped  she  would  not  swear 
her  life  away»  ft)r  she  never  saw  her  before. 
E,  Canning  pointed  to  Virtue  Hall,  and  said, 
That  young'  woman  was  in  the  kitchen  when 
I  was  brought  in  :  she  pointed  also  to  another 
young  woman,  and  tJaid,  she  was  there  at  the 
time.  Then  we  carried  her  up  to  examine  the 
housb ;  she  saiii,  none  of  the  rooms  ^he  had 
seen,  was  the  room  in  which  she  was  confined. 
Then  1  asked  if  there  were  any  other  rooms; 
they  said.  Yes,  out  of  the  kitchen  (I  had  before 
been  in  it,  but  did  not  say  so  then,  because  I 
hftd  a  mind  to  see  if  she  knew  it).  We  had 
her  up  into  it ;  she  said,  This  is  the  same  room 
in  which  1  was,  but  here  is  more  hay  in  it  than 
til  ere  was  then :  I  laid  my  Ifiind  upon  it^  and 
said,  It  baa  lately  been  shook  up,  it  lay  hollow. 
She  was  then  pretty  near  a  casement ;  said  1« 
If  you  have  been  so  long  in  this  rooin^  doubt* 
less  you  are  able  to  say  what  is  to  be  seen  out 
here.  She  ilescribeil  a*  bill  at  a  distance,  which 
is  Chinkford-hill :  1  believe  she  could  not  see 
it  at  the  time  she  spoke  about  it,  for  I  was  be* 
tween  her  and  the  casement,  with  my  back  to- 
wards the  casement.  Rhe  also  ssid,  there  were 
some  houses  on  the  other  side  the  lane  ;  then 
I  opened  the  casement,  we  locked,  and  it  was 
05  she  had  d^cribed.  I  askt  d  where  was  the 
window  she  broke  out  of?  she  sheweii  it  ug 
(there  were  some  boards  nailed  up  against  it), 
aod  said.  That  is  the  window  I  nied  to  see  the 
coach  go  by  at:  then  we  pulled  down  the 
board  ;  it  was  big  enough  for  me  to  have  got 
out  of  it ;  it  appeared  to  me  to  be  the  same 
window,  before  she  came  to  the  house,  for  I 
saw  some  of  the  plaister  brokt*  off  on  the  ottt- 
aide ;  that  window  was  one  story  high. 

Edward  Lj/t>n  sworn. 

Lyon.  The  young  woman  lived  servant  with 
me  till  she  was  missing.  I  live  in  Alderman- 
bury,  I  was  one  of  the  pei^sons  that  went  down 
to  Wells's  house.  I  went  after  the  rest  of  the 
gentlemen  on  the  Ist  of  February  ;  we  were 
there  some  time  before  she  came,  aiid  had  taken 
the  people  up ;  when  she  came,  she  was  car- 
ried into  the  kitchen,  and  <:et  on  a  dresser,  and 
the  people  ^et  all  wround  her:  1  said  to  her, 
Bel,  don't  be  frightened  or  uneasy,  you  see 
your  friends  about  yon,  and  on  the  other  hand . 
don't  be  too  sure,  without  you  really  can  swear 
to  what  you  say»  therefore  be  very  careful. 
She  pitched  upon  !\Iary  Squirei^  to  be  the  per- 
son that  cut  her  stuys  on ;  she  pitched  u|)on 
a  young  woman  that  was  said  to  be  daughter 


2T1] 


25  GEORGE  11.  Trial  ofM.  Squires  and  S.  Jf^elU, 


[878 


to  Mary  Saairef,  and  nid,  she  was  in  the 
kitchen  at  the  time,  and  likewise  Virtue  Hall, 
but  said  they  did  nothing  to  her.  This  hiack 
jag  was  brought  down,  a  bason,  and  the  to- 
bacoo*mould :  she  said,  they  were  both  in  the 
room  where  she  was  confined  ;  she  had  de- 
scribed this  jug  before,  and  said  it  was  broken 
at  the  mouth,  as  it  now  appears  to  be. 

Robert  Scarrat  sworn. 

Scarrat,  I  went  down  to  Enfield- Wash; 
there  were  six  of  us  in  all :  her  mother  and  two 
women  were  with  her  in  the  chaise ;  she  de- 
scribed the  fields,  and  likewise  a  bridge,  that 
night  she  came  home,  near  the  house ;  I  ask- 
ed her,  if  she  perceived  a  tanner's  house  near? 
she  said,  she  believed  there  was. 

Q.  Ha? e  you  heard  the  other  evidences  that 
went  down  give  their  evidence? — Scarrat.  I 
liave,  and  what  they  have  said  is  the  truth, 
which  I  heard  also ;  I  also  heard  E.  Canning 
examined  before  the  sitting  alderman,  she  gave 
the  same  account  she  has  done  here. 

Was  John  Squires  in  the  room  at  the  time 
she  pitched  upon  his  mother  and  the  rest  ?» 
He  was  ;  she  said  she  could  not  swear  to  him ; 
he  had  his  great  coat  on  at  our  first  going  there, 
but  he  had  pulled  it  off;  she  said,  he  looked 
like  the  person,  but  she  could  not  swear  to 
him ;  they  made  him  put  his  great  coat  on 
betbre  the  justice ;  then  she  ssid,  he  looked 
more  like  one  of  the  two  men  that  brought 
her  there. 

Edward  Rostiter  sworn. 

Rouiter.  1  went  down  with  the  rest  on 
the  Thursday.  1  heard  £.  Canning  examined 
before  Mr.  Tashmaker  the  justice ;  she  gave 
the  same  account  then  as  nowc;  she  said,  Johu 
Squires  was  much  like  one  of  the  men,  when 
he  had  got  his  great  coat  on  ;  she  said  she  did 
not  see  vVells  iii  the  house,  but  she  once  saw 
her  out  at  a  window,  but  did  not  know  she  was 
the  woman  that  belonged  to  the  house. 

Sutherton  Backler  sworn. 

Backkr,  1  am  an  apothecary  ;  I  saw  £. 
Canning  the  day  after  bhe  came  home,  on  the 
^th  of  January  about  noon  ;  she  was  extremely 
low  and  weak ;  1  could  scarcely  hear  her  speak, 
her  voice  was  so  low,  and  her  pulse  scarcely  to 
be  i'elt,  with  cold  sweats  ;  »hc  told  me  she  had 
no  passage  during  the  whole  time  of  her  con- 
finement ;  she  was  then  in  such  a  condition, 
she  had  a  glyster  administered  the  same  day  ; 
she  had  many  glystcrs  given  her,  which  after 
some  time  relieved  her. 

Q,  Whetliera  person  that  is  extremely  costive 
caimot  subsist  longer  without  food,  or  with  lesit 
food,  than  a  person  that  is  not  so  ?^Buckler. 
I  cannot  answer  to  that. 

Each  of  the  persons  that  said  they  went 
down  to  take  the  prisoners,  were  aske<l  where 
they  went  to  ?  and  answereil,  to  Eofield-Waah, 
the  house  of  the  prisoner  Wells. 

Mary  Squires  said  nothing  in  her  defence, 
but  called  the  following  witneiscit ' 


John  Gibbons  sworn. 


Gibbons.  I  live  at  Abbotabury,  six  miles  from 
Dorchester ;  1  am  master  of  the  house  called 
The  Old  Ship  ;  on  the  ist  of  January  1753, 
the  prisoner  Squires  came  into  the  boiise ; 
there  was  George  her  son,  and  Lucy  her 
daughter  with  her,  as  she  called  them ;  she 
came  with  handkerchiefs,  lawns,  muslins,  and 
checks,  to  sell  about  town ;  she  stayed  there 
from  the  Ist  to  the  9th  day  of  the  monlli,  and 
lay  at  my  house. 

Q,  How  long  have  you  kept  that  house  P— 
Gibbons.  1  have  kept  it  two  years,  come  Lady- 
Day. 

Look  at  the  woman,  are  you  sure  thai  is 
she  ?— [He  looks  at  Squires,  and  says,  1  an 
sure  it  is.] 

[Cross-examination.] 

How  long  have  you  known  her?^I  bare 
known  her  three  years,  and  have  seen  her 
there  three  years  ago. 

How  long  have  you  lived  there  P — I  was 
bom  at  that  town  :  1  am  a  married  man,  bavt 
a  wife  and  one  child ;  1  was  bred  in  the  ftrm- 
ing  way  at  Fisherton. 

By  what  do  you  recollect  the  day  P — There 
came  an  exciseman  to  officiate  there  for  one 
John  Ward  that  was  sick,  and  I  put  the  day 
of  the  month  down  when  he  came ;  the  excise* 
office  is  kept  at  m v  house ;  the  man  that  < 
was  Andrew  Wicks,  or  Wick. 

Did  you  see  the  prisoner  sell  any  of  t 
goods  you  mentioned  ?— No,  1  did  not ;  thsf 
offered  them  to  sell  to  me,  and  others ;  ny 
wife  bought  two  check  aprons. 

William  Clarke  sworn. 

Clarke,  I  live  at  Abbotsbur^,  and  have  ftr 
seven  years ;  I  remember  seemg  the  gypsev 
there ;  the  last  time  1  saw  her  was  on  the  lOta 
of  January  last ;  I  met  with  them  on  the  road ; 
we  went  some  way  together ;  we  parted  at 
Crude  way- foot,  four  miles  from  Abbotsbaryi 
and  three  from  Dorchester. 

Q.  Where  were  they  going? — Clarke,  1 
cannot  tell  that. 

Had  you  ever  seen  her  before  ? — f  saw  her, 
and  her  son  and  dau}i:liter,  three  years  age 
come  March,  at  Abbotsbury  ;  they  came  with 
handkerchiefs,  lawns,  and  muslins  to  sell:  I 
saw  the  landlord's  wife  at  the  Ship  buy  soma 
aprons  of  them  the  last  time  they  were  there. 

[Cross-examination.] 

How  came  you  to  take  |>articular  notice  of 
the  day? — By  keeping;  my  other  accounts;  I 
carried  goods  out  with  me  the  same  day  t* 
Porters  ham. 

Have  you  your  book  w  ith  you  ?— No,  I  haf* 
not ;  hut  I  cannot  forget  the  day,  because  1  dt 
not  go  so  often. 

Which  way  were  they  going?— They 
making  for  London  ;  they  talked  so. 

Did  they  give  you  any  account  to 
place  they  were  bound  next  ?— They  did  not; 


S73J 


Jot  an  Auaidi  and  Feimy. 


A.  D.  17M!, 


fS74 


_       mi  111  iff  man'i  house  (poiQlIng  to 
i)  at  /IU¥)Wbury* 

joo  u%^  them  lliere  ?— I  did,  on  the  Isl 
nuy :   I  commtHilj  go  there  of  an  avta ' 
hmwe  «  |>(it  hi'  liquor, 
jofi  rememl»er  when  you  kept  ChrUt- 
ij  ? — I  do  pot. 

toa  gtf «  »oy  account  of  New  Stile  or 
N&,  I  cannot ;  btit  if  ]  was  lo  die  for 

rU  spcuk  ihetrulU. 
wms  the  clothfcl  there  j* — The  ^ame as 
lite  »an  irt  >i  tiluc  co»t  and  a  red  want- 
hmA  a  great  coat  with  hiiu. 
WImI  9xe  ta  he  T*^ lie  is  about  Arc  foot 
•r  tig^  inebea  high  ;  the  girl  was  in  a 

rrnnv  yoa  aaw  her  the  time  you  men* 
f — I  nuAcitakc  to  swear  positifely  to  thai, 
1  tmm  bertbrreon  the  isit  of  January  last, 
Jukvt  on  the  Oth  or  lOth  afternanls  ;  and 
llirai  going'  about  the  town  iu  the  tiuie. 

Wild  9m  jtm  f — I  am  a  house* keeper,  and 
about  %i\  yearii ;  I  am  a 


mean  last 


Tkemai  G revit U  sworn. 

Qrtwiiig.  I  lire  at  Coonihc,  three  milpa  from 
'  \     I   kerp  a  public-house  there,  the 
|tf  me  Lamb  ;  I  saw  Mary  Squires  at  my 
I  oai  ibc  t4th  of  January. 
flow  tiMoy  miles  is  Coombe  from  Dor- 
r  ? — Grtxilk,  i  cannot  tell. 

ma  with  her  tJiere  ? — Tliere  was  her 
licf  brother,  as  shf*  said  ;  Ifiey  sold 
y  kwiTS,  and  such  thm^. 
'  did  ahe  atay  at  Coombe  f — They 
\  tot  one  uight. 

[Crota -exam  [nation*] 

^HVll  Jaoiitry  do  you  mean  ?— I 
■Wwiry.ttf^  «vedc8  ago  W%i  Sunday 

Bwiasie  you  to  take  such  particular  notice 
rfif— TbtTif  wu  a  carpenter  at  roy  house; 
btefipMiS  the  biiFgcat  part  of  his  money  ;  it 
^My  lioBday  night*  1  would  have  him  ^o 
4iol  bia  ImtbeMi  and  put  htm  out  of  the 
Wviiwii  or  threv  ttmesp  and  aftcrr  that  he  went 
wm  lb«  way  to  another  hotise,  and  pawned 

wkoefiaes  shewed  their  tub- 
,  m  lh«  cause  of  their  coming  to  gtf  e 

Mn  IiUitr  sworn,  for  the  Crowu* 

I  aril  ftsb  aud  oysters  about  Wal- 

K  istd  Thmibalds.     J  know  the  pri- 

wpI\  hv  jiicrht ;  the  la&l  lime 

Qrr  lite  time  the*  was 

U  1  uite;  before  that  I 

I  km  9ef  €ral  timet  every  day  up  and 

f  brftTT?  the  was  tnketi* 

'  un  of  that  ? — Inner,  I 

<-  wfvka  before ;    that 

LHalk^il  li  Mi«i,  pretending  to 

iiieoucet 

I JOOMC  any  guodi  mc  had  to  sell  ?«— No^ 

XLX. 


I  did  not ;  I  always  saw  her  by  herself.  I 
saw  a  young  man  tn  blue-grey  when  sfje  waa 
taken  up>  and  two  youug  women^  all  takeo  iu 
the  fiousc  of  Welitt 

Wells  being  calleil  upon  to  make  her  ile- 
feuoe,  said.  As  to  her  character,  it  was  but  an 
iodifierent  one ;  that  she  had  an  unfortunate 
husband,  wfto  was  hanged;  and  atl4ed,  she 
never  sax?  the  young  woman  (meaning  £. 
Canning)  till  they  came  Ui  take  ii$  tip  \  and  as 
to  Squires,  she  nercr  saw  her  above  a  week 
and  a  day  before  they  were  taken  up. 

Mqutres  Guilty,  Death.     ^Vells  Guilty. 

Squires,  the  last  ^ny  of  the  sessions,  being 
asked  what  she  had  to  say  before  ahe  rccdved 
sentence,  answered,  '♦  That  on  New-year*e  day 
I  lay  at  Coombe  at  the  widow  Gre?ille*s  house; 
the  next  day  I  was  at  Sto[»tage ;  there  were 
some  people  n  ho  were  cast  away,  and  they  ram# 
along  with  mu  to  a  little  house  on  the  top  of  the 
moor,  and  drank  there;  there  were  my  son  and 
daughter  with  me.  Coming  along  Popham- 
lane,  there  were  some  people  rakiDi;  up  dung. 
V  drank  at  (he  second  ate-honse  in  BasinfiTstoke 
on  theThursday  in  theNew.yearweek.  On  the 
Friday  I  lay  at  Bagshot -heath,  at  a  little  liney 
house  on  I  he  heath.  On  the  8atuiday  t  lay  nt 
Olil  Brentford  at  Mrs.  Edwftrd»*s»  who  liella 
greens  and  small  beer,  I  oould  have  told  this 
before,  but  one  pulled  me,  and  unoiher  pulled 
me,  and  would  ni)t  let  me  speak.  I  lay  at  Mr?<. 
EdwardsV  on  the  Sunday  and  Monday ;  and 
uti  the  Tuesday  or  Weiluesday  after,  J  came 
from  tbetice  to  Mrs*  Welk'a  house  at  Enfield,'* 


The  time  drawing  near  for  the  Report  of  the 
convicts,  sir  Crisjt  Gascoyne  laid  before  hia 
Majesty  1  not  only  the  whole  Evidence  piren  at 
the  Trial ;  hut  also  the  several  1  nfunnatioos  and 
Certificates  he  had  received  since  her  copvic- 
tiiiu,  accorapaDied  by  the  folio wiog  Memorial : 

To  the  KiN0*s  Most  Excellent  Majesty. 

*^  May  it  please  your  majesty  to  permit  your 
dutiful  subject,  the  lord  mayor  of  your  faithful 
city  of  London,  with  the  most  profotmd  hu- 
mility and  respect  to  represent  to  your  majesty, 
that  before  the  Trial  of  Mary  Inquires,  for  tha 
robbery  of  Elizabeth  Cauniog,  and  of  Susannah 
Welli,'^  as  accessary,  many  unfair  representa- 
tions were  printed  and  dispersed,  which  could 
not  fail  to  excite  public  prejudice  against  iheui , 

'»  The  fotal  consequence  whereof,  iu  depnt- 
iug  those  unhappy  wretches  of  a  material  jiart 
of  their  evidence^  engaged  me,  from  the  hi^j^h 
station  1  have  the  honour  tr>  bear,  to  expre&« 
my  duty  lo  your  majesty,  and  the  public,  by 
tnaking  this  inquiry, 

*^  lo  which  the  utmost  caution  has  been  ob- 
served.^All  the  witnesses  have  been  strictly, 
separately,  and  publicly  examined,  aud  iheit 
credit  well  certified. 

'^  Many  other  informations,  to  the  same 
effect,  have  been  offered  ;  but  I  declined  trou* 
bling  your  innjesty  with  further  evidence,  %% 
liumhly  appRhendlng  it  totally  unuectssary, 

T 


275] 


26  GEORGE  II. 


Trial  of  John  Gibbont  and  others. 


[876 


«  In  the  course  of  this  inquiry,  Virtue  Hall, 
a  principal  witiiess,  Yoluntarily  and  publicly 
retracted  the  whole  of  the  evidence  she  ga?e 
upon  the  trial. 

"  To  this  I  presume,  hv  your  n^^esty's 
leare,  to  add,  that  amidst  all  the  exaroinatioDS 
I  have  taken,  there  has  not  appeared  any  va- 
riation or  inconsistency,  or  the  least  circum- 
stance or  suspicion,  that  could  lead  me  to  doubt 
the  innocence  of  those  unhappv  convicts. 

*<  All  which  is  humbly  submitted  to  your 
majesty's  great  wisdom  and  judgment,  by 
your  mtyesty's  faithful  subject, 

"  Crisp  Gascoyne,  Mayor.*' 

«>  On  the  10th  of  April  following,  the  Report 
was  accordingly  maue  of  the  convicts  under 
sentence  of  death  ;  when  his  majesty  was  gra- 
ciously pleased  to  respite  the  execution  of 
Mary  Squires  for  six  weeks ;  and  to  refer  the 
consideration  of  the  evidence  on  both  sides  (for 
evidence  against  her  had  been  presented)  to  his 
attorney  and  solicitor-general. — Soon  after  the 
attornejT  and  solicitor-general  made  their  Re- 
port, with  their  opinion,  That  the  weight  of 
evidence  was  in  the  convict's  favour :  where- 
upon his  majesty  was  graciously  pleased  to 
grant  her  a  free  pardon.''  Thus  far  from  sir 
risp  GasGoyne's  Address  to  the  Livery,  p. 
26, 27. 


The  friends  of  Canning,  in  their  Refutation 
of  sir  Crisp  Gascoyne's  Address,  say,  "  Bat 
of  the  purport  of  this  Memorial,  and  what  in 
particular  was  annexed  to  it,  the  friends  of 


Canning  were  totally  ignorant  till  the  publica- 
tion of  The  Address  ;  and  therefore  ooohl  not 
examine  any  witnesses  with  a  nartic«lar  Tiew 
to  contradict  it.  They  had  indeed,  upon  the 
recantation  of  Virtue  Uall,  taken  some  aflida- 
vits  to  prove,  that  the  gypsey  was  at  Enfidd 
when  the  robbery  was  committed ;  and  the 
duke  of  Newcastle  (on  whom  the][r  waitedl 
having  acquainted  them,  that  his  m^|esty  had 
referred  the  consideration  of  the  cTidenoe  on 
both  sides  to  his  attorney  and  solicitor  general, 
they  took  many  other  affidavits  to  profe  the 
same  facts;  but  when  these  affidaviti  wwe 
presented  to  the  attorney  and  solicitor  gencnl, 
they  rejected  them,  because  they  were  not  at 
liberty  to  examine  any  evidence  that  was  tahn 
after  the  da^  of  reference :  It  necessarily  Ill- 
lowed  therefore,  that  the  weight  of  evimiea 
was  in  the  convict's  favour ;  and  so  it  was  n- 
ported,  and  she  pardoned.  Upon  thia  view 
of  the  case,  however,  it  does  not  become  ia 
any  degree  more  prolmble,  that  she  was  inno- 
cent." See  the  Refutation  of  au*  Crjap  Git- 
Coyne's  Address  to  the  Livery,  in  fo1k>,  p.~18. 

These  friends  of  Canning  likewise  gave  ai 
answer  to  sir  Crisp's  Memorial  presented  to 
tht  king,  Sec.  But  sir  Crisp's  AddreaSy  and 
Canning's  friends'  Refutation  of  it,  make  two 
large  folio  pamphlets;  and*  the  many  other 
pamphlets  published  on  lioth  sides  at  that  timc^ 
are  too  numerous  to  insert  here,  or  take  any 
notice  of;  and,  as  Canning's  friends  thought^ 
did  not  clear  up  that  mysterious  affair ;  jpn- ' 
bably  the  following  trial  of  Canning,  for  neqnry, 
may  be  said  to  have  done  it.     Former  jEMUm*. 


53L  Tlie  Trials*  of  John  Gibbons,  William  Clarke,  and  Thomas 
GuEviLLEjt  for  Wilful  and  Corrupt  Perjury,  at  tbe  Sessions 
House  in  the  Old-Bailey,  held  on  Thursday  the  6th,  Friday  the 
7th,  Saturday  the  8th,  and  Monday  the  10th  Day  of  Septem- 
ber, before  the  Right  Hon.  the  Lord  Chief-Justice  Willeii 
William  Moreton,  esq.  Recorder,  and  other  his  Majesty's  Jus- 
tices of  Oyer  and  Terminer  :  26  George  IL  a.  d.  1753. 


Robert  Qroom, 
John  TrimoMry 
Joseph  Tenniswood, 
Richard  Graham, 
John  Allen, 
flenry  Bland, 


Jury. 

William  Remnant, 
William  Champion, 
Barnard  Townsend, 
Bartholomew  Pain, 
John  Merry, 
ftiamuci  Watlington. 


According  to  the  course  of  Uie  court, 
the  Trials  of  Gibbons,  Clarke,  and  Greville,  the 


*  Mem.  Sir  Crisp  Gascoyne,  knt.  lord 
mayor  of  London,  withdrew  when  these  trials 
bame  on,  as  he  always  declared  he  woold. 

t  *•  These  Abbotsbury  witnesses  were  in- 
dicted for  perjury,  for  the  evidence  they  gave 


three  Abbotsbury  witnesses  upon  the  trial  of, 
Mary  Squires  tur  the  robbery  of  Elizabeth 
Canuinflf)  being  called  on,  the  ri;;ht  honourable 
the  lord  mayor  quitted  the  chair,  and  retired 
out  of  court.  But  in  order  to  remove  the  in* 
dictmcnts  into  the  court  of  King*8-bench,  and 
to  supersede  the  jurisdiction  of  this  Courts 
three  iiarchmcnt  writings,  said  to  be  writs  of 
Certiorari,  were  presented  to  the  Court :  where- 
upon Mr.  Davy,  of  counsel  for  the  defendaoti^ 

in  the  trial  of  Squires  and  Welk.  Canniog'a 
friends  had  moved  the  court  of  King's-beuch 
for  a  Certiorari  to  remove  the  indictment,  whiok 
had  been  refused.  But  tbe  attorney  for  bm 
iuif ted,  Uiat  according  to  ancieiu  pra^^oa,  • 


pn 


Jot  Wilfid  and  Corrupt  Perjury* 


1753. 


bforroed  ihe  Court,  tbol  he  was  g really  suiv 
kritcd  at  this  ittemiit,  tidt  mily  as  the  court  of 
fcteVbericb  had,  on  the  last  day  ot  last  term, 
ibidlttteUr  refused  to  grant  these  wi  its^althouijh 

Kpjtpd  lot  hy  the  prosecutors  ;  but  as  the  de- 
iidants  bad  actpu  so  ?ery  fairly,  as  to  have 
flf^A  them  (what  tbey  wei  e  not  obhged  to  give) 
m^l  days  notice  of  trial,  and  had  tiow  ti?ar 
t&  hnndred  wirnesses  atieitdiu^^  noany  of  them 
IrMfllt  from  g^eat  distances,  at  a  vast  expetice, 
ilP  manifest  the  innocence  of  the  defendants  lo 
Ike  worid.     Upon  which  the  per^n  who  at- 
Wfilh  t!»esc  wriN,  being  asked   by  the 
Who  he  was?  How  he  came  by  them  ? 
how  those  writs  had  been  ubtaiaed?    fie 
led  the  Court,  that  he  was  clerk  to  Mr. 
I,  (an  atloroey)  who  was  out  of  town  ;  that 
Ifcbftd  the  writs  delivered  to  him  by  Mr.  Miles's 
Ivoilier,   ihe  distdler  ;     and  that  he  himself 
Imw  nothing  further  of  the  matter.     Which 
r  not  being  satistactory  to  the  Court*  the 
Cauit  wag  pleased  to  order  bim  to  take  the 
wnti  back  again,   to  recotnmend  an  iumury 
bow  these  writs  had  been  olHaiued,  and  the 
tnik  to  be  called  on.     Whereupou  the  jury 
were  charged  with  the  following  indictment 
ifiinit  John  Gibbons : 

Fm&T    iNPtCTMENT. 

London*   The  jurors  for  our  lord  tlie  king 

Certiorari  might  he  obtained  by  application  to 
t  jiNtge  during  a  vacatiODf  at  the  instance  of  a 
preaecutor  in  a  criminal  cause,  as  a  t\iatter  of 
ii(hl;  because  it  is  the  king's  privilege,  who 
in  criminal  causes  is  the  plaintiff^  to  sue  in  what 
cwjrt  he  will.  Therefore  the  attorney  for 
Ckaoifig  was  un  nil  ling  to  try  tbem  at  the  Old 
Bdley,  where  sir  Crisp  Gascoyne  bad  a  seat ; 
lad  went  down  to  Tottt ridge,  to  lord  chief  jus- 
tice Lee*8|  and  got  his  hand  to  the  Fiais ;  upon 
*hieh  the  Certioraris  were  issued  out  to  re- 
Wift  the  indictment  into  the  court  of  KingV 
kflch  ;  and  next  term  a  nintion  was  made  to 
taforce  a  return  of  them.  Upon  this  motion  a 
roll  was  rnade,  for  the  Court  at  the  Old  Bailey 
l^i&ew  cause,  why  a  return  should  not  be  en- 
fcfeed.  The  allomey  against  her  prayed  a  par- 
ticaiar  day,  which  was  allowed  ;  and  be  under- 
Hok  to  be  ready  on  that  day.  He  moved,  (hat 
IbGertioraris  might  be  superseded;  alledging, 
^  tfie  lord  chief  justice  had  been  impo<}ed 
^an  in  signing  the  fiats :  but  bis  lord&bip  not 
Nii|P  presetiti  a  rule  was  made  for  hearing  the 
Mtlof  that  suggestion  at  a  future  day.  Un 
1^  future  day  the  counsel  for  the  country- 
Qeo  niof  ed,  that  the  writs  miijht  be  superseded, 
h  (be  absence  of  the  lord  chief  ju&tice.  But 
U  the  motion  to  supersede  these  writs  was 
fooiNled  on  a  suggestion,  that  the  lord  chief 
ioniee  bad  been  imposed  upon ;  and  as  none 
^  Mt  kkrdship  could  know,  whether  be  was 
upon  or  no ;  both  motions  were  or- 
to  sund  over,  till  his  lordship  shouhl  be 
Lt:  hut  as  be  died  without  ev^r  coming 
court  al'terwardsi  the  writs  are  not  super* 
Mad  to  this  hour.'*  Refuution  of  air  Crisp 
C««oojDe*i  Aildress  to  the  livery,  p*  SO,  91. 


upon  their  oath  preseut,  that  at  the  delivery  of 
the  king's  ffaol  «f  Newtjate,  holdeu  for  the 
county  of  A]idd1escK»  at  Just  ice- hall  in  the 
Old  Bailey,  iu  the  suburbs  of  the  city  of  Lon- 
don, on  Weduesday  the  Slst  day  of  February, 
in  the  26th  year  of  the  reign  of  our  suvereijfa 
lord  George  the  second,  king  of  Great  Britam, 
&c.  before  sir  Crisp  Gascoyne,  knt.  mayor  of 
the  city  of  LondoUi  sir  Martin  Wright,  knt. 
one  of  the  justices  of  our  said  lord  the  king, 
SBsigued  to  hold  to  bold  pleas  before  the  king 
himself,  Nathaniel  Gundry,  esq,  one  of  the 
justices  of  our  said  lord  the  king  of  the  court  of 
Common  Pleas,  sir  Richard  Adams,  knt.  one  of 
the  barons  of  the  court  of  Exchequer  of  our  said 
lord  the  kiog,  and  others  their  I  el  lows  justices 
of  our  said  lord  the  king,  assigned  to  deliver  the 
gaol  of  our  said  lord  the  king,  of  W  wgate,  of  the 
prisoners  therein  being,  Mary  Squires,  late  of 
the  parish  of  Enield,  in  the  county  of  Middle- 
sex, widow,  was  tried  and  convicted  upon  an 
indictment  against  her,  for  that  she,  on  Ihe  Sd 
day  of  January  I  in  the  36th  year  of  the  retgn 
of  our  sovereign  lord  George  the  2nd,  king  of 
Great  Britain,  &c.  with  force  and  arms,  at  the 
parish  aforesaid,  in  the  county  albresaid,  in  the 
dwelling- ho  use  of  one  Susannah  Wells,  widow, 
there  situate,  upon  one  Elizabeth  Canning, 
spinster^  in  the  peace  of  God  and  our  said  lord 
the  king  then  and  there  being,  feloniously  did 
make  an  assault,  and  her  the  said  Elizabeth  in 
bodily  fear  and  danger  of  herlilistheo  and  there 
feloniously  did  put,  and  one  pair  of  stays  of  tlie 
value  often  shillings,  of  the  goods  and  cbatlets 
of  the  said  Elizabeth,  from  the  person  and 
against  the  will  of  the  said  Elizabeth,  in  the 
dwetling-house  aforesaiil,  ^l^^u  and  there  vio- 
lently and  feloniously  did  steal,  take,  and  carry 
away,  against  the  peace  of  our  i^aid  lord  the 
king,  his  crown  and  dignity.  Upon  which 
same  trial,  one  John  Gibbons,  late  of  Abbots* 
bury,  in  the  county  of  Dorset,  uctualler,  ou 
the  21st  day  of  February,  in  the  year  aforesaid, 
to  wit,  at  Justice-hall  aforesaid,  in  lite  parish 
of  ISt.  Sepulchre,  in  the  ward  of  Farringdon 
Without,  in  the  city  of  London,  came  in  hii 
own  proper  person  as  a  witness  on  the  be- 
half of  the  said  Mary  Si[uires,  of  and  upoD 
the  matters  contained  in  the  said  indict- 
tuent  I  and  Ihe  said  John  Gibbons,  then 
and  there  in  the  court  aforesaid,  before  the 
said  justices  last  abovO' named,  and  others 
their  fellows  assigned  as  atofesaid,  upon  the 
trial  aforesaid,  was  in  due  munner  and  form 
sworn,  and  took  his  corporal  oath  unon  the 
holy  gospel  of  God,  as  such  witness  (the  same 
Court  then  and  there  having  a  sufficient  au- 
tboriiy  to  administer  the  sume  oath  to  the  said 
Mm  Gibbons  in  that  behalf.)  And  the  said 
John  Gibbons,  on  the  said  2 1st  day  of  February, 
in  the  year  aforesaid,  not  having  God  before 
bis  eyes,  but  being  moved  and  seduced  by  the 
insligalion  of  the  devil,  and  wickedly  and  un- 
justly devising  and  intending  to  pervert  justice, 
and  to  procure  the  b  lid  Mary  8t|uires  unjustly 
lobe  ac()iiitted  of  thcsaid  crime  laid  to  her 
charge  to  the  aeid  indictment^  tbeo  and  there 


279] 


26  GEORGE  n. 


Trial  of  John  Gibbons  and  ntherst 


[SSO 


upon  the  trial  aforesaid,  upon  his  oath  afore- 
8ai<^,  falsely,  inaliciously,  wilfully,  wickedly, 
and  corruptly,  did  say,  depose,  swear,  and 
give  in  evidence  to  the  said  Court,  and  the  ju- 
rors of  the  said  jqry ,  upon  the  trial  aforesaid,  as 
follows,  {that  is  to  say)  on  the  1st  day  of  Ja- 
nuary, 17^3,  (meaning  the  year  of  our  Lord 
17.53)  the  prisoner  Hquires  (meaning  the  above- 
named  Mary  hSquircs)  came  into  the  house 
(me.r.iin|r  the  house  of  the  said  John  Gibbons, 
at  Abiiutsbnry  aforesaid,  in  the  said  county  of 
Diirsiit.)  There  was  George  her  son,  (meaning 
George  the  sun  of  the  said  Mary  Squires)  and 
Luc  V  her  daughter  (meaning  Lucy  the  daugh- 
ter ol  the  said  Mary  Sciuires)  with  her  f  mean- 
ing the  said  Mary  Squires.)  And  that  tlic  said 
John  Gibbons,  upon  the  trial  aforesaid,  upon 
Ills  oath  aforesaid,  on  the  saiil  Slst  day  of  Fe- 
bruary, in  the  year  aforesaid,  at  Justice-hall 
aforesaid,  in  the  parish  of  St.  Sepulchre  aful-e- 
aaid,  in  the  wsrd  of  Farringdon  Without 
aforesaid,  did  falsely,  maliciously,  wilfully,  and 
corruplly,  say,  depose,  swear,  and  give  in  evi- 
dence as  follows :  she  (meaning  the  said  Mary 
Squires)  came  with  handkerchiefs,  lawns,  mus- 
lins, and  checks,  to  sell  about  town  (meaning 
Abbotsbury,  in  the  county  of  Dorset);  she 
(meaning  the  said  Mary  Squires)  stayed  there 
(meaning  at  Abbotsbury  in  the  said  county  of 
Dorset)  from  the  Ist  to  the  9th  day  or  the 
month  (meaning  from  the  1st  to  the  9tb  day  of 
the  naonth  of  January,  in  the  said  year  of  our 
l^rd  1753,)  and  lay  at  my  house  (meaning 
the  house  of  him  the  said  John  Gibbons,  at 
Abbotsbury  aforesaid,  in  the  said  couuty  of 
Dorset.)  And  the  said  John  Gibbons,  then 
and  there,  upon  the  said  trial  being  demanded 
to  look  at  the  said  Mary  Souires,  then  a  pri- 
soner at  the  bar  there,  and  being  asked  whe- 
ther or  not  he  was  sure  that  she  was  the  same 
Mary  Squires,  whom  he  had  so  as  aforesaid 
deposed  and  sworn  to  have  come  to  his  said 
house  at  Abbotsbury  aforesaid,  on  the  said  Ist 
day  of  January,  in  the  said  year  1753,  and  to 
have  stayed  there  from  the  said  1st  day  of  Ja- 
nuary aforesaid  to  the  9th  day  of  the  saiti 
month ;  he  the  said  John  Gibbons,  upon  the 
trial  aforesaid,  upon  his  oath  aforesaid,  in  answer 
to  the  said  demand  and  question,  did  falsely, 
maliciously,  wickedly,  wilfully,  and  corrnptlj^, 
further  say,  depose,  swear,  and  give  in  evi- 
dence as  follows :  1  (meaning  himself  the  said 
John  Gibbons)  am  sure  it  is  (meaning  that  he 
the  said  John  Gibbons  was  sure  that  the  said 
Mary  Squires,  then  a  prisoner  at  the  bar  there 
upon  the  said  trial,  was  the  same  Mary  Squires, 
whom  he  the  said  John  Gibbons  had  as  afore- 
said deposed  and  sworn  to  have  come  into  his 
said  house  at  Abbotsbury  aforesaid,  on  the 
said  1st  day  of  January,  in  the  year  of  our 
Lord  1753,  and  to  have  stayed  there  from  the 
said  1st  day  of  January,  aforesaid,  to  the  9th 
day  of  the  said  month.)  Whereas,  in  truth 
and  in  fiict,  on  the  said  1st  day  of  Jaooary,  in 
t)ie  year  of  our  Lord  1753,  the  said  Mary 
Squires  did  not  come  into  the  bouse  of  the  said 
ypbn  QiUmaat  Ahbotshary,  in  the  nid  eomity 


of  Dorset.  And  whereas,  in  truth  and  in  fael, 
the  said  George,  the  son  of  the  said  Mary 
Scjuires,  and  the  said  Lucy,  the  daughter  of  the 
said  Mary  Squires,  or  either  of  them,  were  not 
in  the  house  of  the  said  John  Gibbons,  at  Abbota- 
bury  aforesaid,  in  the  said  county  of  Dorset,  on 
the  said  1st  day  of  January,  in  the  ^ear  of  our 
Lord  1753,  with  the  said  Mary  Squires.  And 
whereas,  in  truth  and  in  fact,  the  aaid  Harjr 
Squires  did  not  stay  at  Abbotsbury,  in  the  said 
county  of  Dorset,  from  the  Ist  to  the  9th  day 
of  the  mouth  of  January,  in  the  said  year  of 
our  Lord  1753.  And  whereas,  in  truth  and  in 
fact,  the  said  Mwry  Squires  did  not  lie  at  the 
house  of  the  said.u>hu  Gibbons,  at  Abbotabory 
aforesaid,  on  the  said  1st  day  of  January,  in  the 
year  of  our  Lord  1753,  until  the  9th  day  of  the 
same  month.  And  whereas,  in  troth  and  in 
fact,  the  said  Mary  Squires  did  not  lie  at  the 
house  of  the  said  John  Gibbons,  at  Abbotabory 
aforesaid,  on  the  said  1st  day  of  January,  in  the 
said  year  of  our  Ijord  1753,  nor  on  the  said  9th 
day  of  the  said  month  of  January,  in  the  year 
last-mentioned,  nor  at  any  time  between  the 
said  1st  day  of  January,  in  the  said  year  of  onr 
Lord  1753,  and  the  said  9th  day  of  the  mom 
month  of  January.  And  whereas,  in  tralh 
and  in  fact,  the  said  Mary  Squires,  on  the  sudd 
1st  day  of  January,  in  the  year  last  before  men- 
tioned, was  not  at  the  house  of  the  aaid  John 
Gibbons,  at  Abbotsbury  aforesaid,  ,nor  at  any 
other  house  or  place  at  Abbotsbury  afortiii^ 
And  so  the  jurors  aforesaid,  upon  their 
aforesaid,  do  say,  that  the  said  John  Gib 
on  the  said  31st  day  of  February,  in  the  96th 
year  aforesaid,  at  Justice-hall  aforesaid,  nnan. 
the  trial  aforesaid,  in  the  court  aforesaid,  (ttn 
same  Court  then  and  there  having  a  compeMnt 
authority  to  administer  the  said  oath  to  theaii 
John  Gibbons  in  tliat  behalf)  falsely,  malicioaa' 
ly,  wilfully,  wickedly,  and  corru|Kly,  in  man* 
ner  and  form  aforesaid,  did  commit  wpfql  ani 
corrupt  peijury,  to  the  great  displeasure  tf 
Almighty  God,  to  the  evil  example  of  al 
others  in  the  like  case  ofiendin^,  and  ^ 
the  peace  of  our  said  lord  the  kmg,  his  < 
and  dignity. 

All  the  witnesses,  on  the  back  of  the  bilb 
were  called  out  to  give  evidence ;  but  no  ens 
appearing,  except  Mary  Woodward,  and  ihi 
declaring  she  knew  nothing  of  the  matter,  ai 
officer  was  sent  to  the  prosecutors  to  attni 
the  Court ;  but  none  of  them  ap|iearing,  the 
jury  acquitted  the  defendant. 

A  second  indictment  to  the  samepnrpoae  was 
read  against  William  Clarke  ;  but  he  waa  ac- 
quitted for  want  of  evidence. 

A  third  indictment  was  preferred  aniiit 
Thomas  Greville,  for  swearing  he  sawMaiy 
Squires  at  Coombe  on  the  143i  of  Jannarys 
and  he  was  acquitted  likewise  for  want  m 
evklence. 

During  the  time  a  messenger  waa  seal  it 
theproaecutora  to  attend  the  (^rt, 
Bir.Davy,  eoonael  Ibr  the 


SI] 


^r  Wilful  and  Corrupt  Perjury, 


A.  D.  175S. 


[2S2 


tkal  opfiofiimtly  of  ftddreisiog  him&elf  to  the 

M J  loni ;  1  hare  the  honour  to  a|»(>esr  be- 
fymmr  Inr^UtkLi  in  h*-liair  nf  the  tbree  de» 
\  Un  perjury,  sup- 
Iti  :  :  M     It'll  by  lli«;m  in  ibis 

opiHi  the  triAl  ot  Miiry  Hquires,  for  the 
rj  of  Eli^eabelfi  Canmug,  tit  EnMd- 
f«Ji,  is  Juiiuafv  last. 
Glibofi«  tmU  CiArke  are  uliari^ed  i^ith  faUely 
wmnm^t  that  ^lary  Squires  was  at  Abbots^ 
IflT  fnm  the  tst  to  ll»e  9ih  of  January; 
40i  Om lile,  that  she  was  at  Coomhe  on  the 
IMk. 

If  ibclr  liTstimony  wan  true,  Mary  Squires 
»M  w^vsily  4iccuned ;  hut  it  wat  hers,  god 
ikdiff    mi^foftuae,  that   it  then    obtaiaed  ao 


m 


Tbrj  w«re  alrangrera,  uoknowd  to  every 
llic  trial. — Canniiij^  wikg  positive,  aod 
ItKii^  bt  iwltiir  meanji  coo  firmed  in  her  efi- 
ifw,  ffifaiin  was  cunvicled. 

Uji9»  ^  chari^e  uf  perjury,  great  care 
hub  &^r«  labeii,  attended  with  gfreat  expence, 
mt  ollirr  Mde,  to  search  th